Lund v. Howell

WOLFE, Justice.

I dissent. I am unable to see how either Nellie B. Howell or David J. Davis has sustained the burden of showing by clear and satisfactory evidence that they took the ássign-ments of the interest in the Emmett J. Howell estate by a fair consideration, as that term is used in section 33-1-4, R. S. 1933. The first was the wife of the original assignor of the interest and the second a brother-in-law of Mrs. Howell.

In Paxton v. Paxton, 80 Utah 540, 15 P. (2d) 1051, we held, as stated in the syllabi, that:

“In creditor’s suit attacking conveyance or mortgage to near relative as…