Jacobs v. Jacobs

I regret that I cannot agree with my colleagues as to the proper disposition of this appeal.

Certain additional facts should be stated in order to understand this dissent. Both brothers-litigants testified that the idea of purchasing the four mining claims in question, which the parties referred to as the “Goat Ranch,” emanated from the plaintiff Arthur. Though Edward testified that he did not know that the property had been purchased in the name of Arthur until the death of the brothers’ father in about 1950, there were introduced in evidence tax records which indicated that during part of…