Hayes v. Huddleson
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a decree of the Supreme Court of the District of Columbia dismissing her bill filed for the rescission of a conveyance of property.
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Hearing on an appeal by tbe plaintiff from a decree of the Supreme Court of the District of Columbia dismissing her bill filed for the rescission of a conveyance of property. The Court in the opinion stated the facts as follows: Appellant, Louise R. Hayes, as plaintiff, filed this bill on December Y, 1910, against Harry P. Huddleson and his wife, Saidee R. Huddleson, and Thomas W. Hay, Harry E. Hay, Edward W. Donn, and Oliver D. Darrell, trustees, defendants, and has appealed from a decree dismissing the same Juné 14, 1912. The bill alleges that Columbus Alexander died in the District of…
1Opinion of the CourtChief Justice Shepard
1. The first proposition on behalf of the appellant is: “The burden of proof is upon persons dealing with holders of expectant interests to show affirmatively that a full and valuable consideration was paid.”
Upon whom is imposed the burden of proof in such cases is a matter of no importance in the present case. What the actual market value of plaintiff’s interest was, at the time of her conveyance, is a matter of uncertainty. The elder life tenant was about ninety or ninety-one years of age at the time; but the other, whose age and state of health do not appear, was evidently not a very old…
2Cases cited7 opinions
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Nimmo v. DavisTexas Supreme Court · 1851
- Whelen v. PhillipsSupreme Court of Pennsylvania · 1892
- McClure v. RabenIndiana Supreme Court · 1893
- Phillips's EstateSupreme Court of Pennsylvania · 1903
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