Beaver Board Cos. v. Imbrie

(after stating the facts as above). The petition before us asks relief against receivers, who obtained the property affected without notice or knowledge of any of petitioner’s asserted rights. Such rights are now affirmatively propounded; therefore by every rule of law the burden of proof is strongly on the petitioners.

The story told may fairly be called extraordinary, and in proportion as an allegation of fact departs from the usual, the demand for clarity in proof increases. The ultimate fact asserted is that a banker, who received a deposit, of his own motion intended to give the depositor…