Ewing v. Keith
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Ogden Hiles, Judge. Action by Samuel 0. Ewing and another against David Keith and another. From a judgment for defendants, plaintiffs appeal. It appears from the record that in 1893 the plaintiff Ewing, being insolvent, made an Assignment to George Cullins of all his property, for the benefit of his creditors, preferred and unpreferred.
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Appeal from the Third district court, Salt Lake county. Ogden Hiles, Judge. Action by Samuel 0. Ewing and another against David Keith and another. From a judgment for defendants, plaintiffs appeal. It appears from the record that in 1893 the plaintiff Ewing, being insolvent, made an Assignment to George Cullins of all his property, for the benefit of his creditors, preferred and unpreferred. At the time of the assignment, Ewing was the owner of an undivided thirteen-fifteenths of the Eldorado mining claim. Keith was one of his preferred creditors, the claim of Keith being evidenced by a note…
1Opinion of the CourtMiner, J.
(after stating the facts):
The question to be determined by this appeal is whether the deed to Mr. Keith was given and intended as security for the debt evidenced by the note, or as an absolute conveyance of the property in payment of the note. To establish the claim of the plaintiff, the appellant relies upon his own testimony as it stands in the record, supplemented by the somewhat negative testimony of Mrs. G-ray, which does not directly bear upon the agreement he relies upon. The entire burden was thrown upon the appellant to overcome, by clear, unequivocal, convincing-testimony, the…
2Cases cited16 opinions
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- Queen v. HepburnSupreme Court of the United States · 1813
- People v. DoyellCalifornia Supreme Court · 1874
- Howland v. BlakeSupreme Court of the United States · 1878
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
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3Cited by20 opinions
- Sine v. HarperUtah Supreme Court · 1950
- State v. SibertUtah Supreme Court · 1957
- State v. CreedSupreme Court of Missouri · 1923
- Weight v. BaileyUtah Supreme Court · 1915
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