Barras v. Barras
Michigan Supreme Court
Appeal from Iron; Flannigan, J. Bill by Alpha C. Barras against Frances E. Barras and others to establish a deed, for an accounting, and for other relief. From a decree for defendants,- complainant appeals. The plaintiff in this case is the son of defendant Frances E. Barras and a brother of John H. Barras and Sarah J. Barras.
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Appeal from Iron; Flannigan, J. Bill by Alpha C. Barras against Frances E. Barras and others to establish a deed, for an accounting, and for other relief. From a decree for defendants,- complainant appeals. The plaintiff in this case is the son of defendant Frances E. Barras and a brother of John H. Barras and Sarah J. Barras. The bill charges that complainant’s father, Edwin P. Barras, died intestate in the year 1901; that at the time of his death he was seised of certain real estate interests in Iron county; further, that the title to said real estate was taken in the name of his wife,…
1Opinion of the CourtBrooke, J.
(after stating the facts). The burden of proof, in this cause is, of course, upon the plaintiff. Opposed to his testimony as to the contents of the paper which was destroyed is that of his mother, brother, and sister. Assuming the witnesses to be of equal credibility, it is plain that plaintiff has failed to establish his claim by a preponderance of the testimony. The learned circuit judge who saw and heard the witnesses was convinced by their manner and deportment that the defendants’ version of the matter was entitled to credence. Under such circumstances we have said:
“Much weight should…
2Cases cited7 opinions
- Wipfler v. WipflerMichigan Supreme Court · 1908
- Newton v. McKayMichigan Supreme Court · 1874
- Grand Lodge, Ancient Order of United Workmen v. BrownMichigan Supreme Court · 1910
- Maynard v. DavisMichigan Supreme Court · 1901
- Winans v. Estate of WinansMichigan Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barth v. BarthWashington Supreme Court · 1943
- Stamp v. SteeleMichigan Supreme Court · 1920
- Miller v. MillerMontana Supreme Court · 1948
- Johnson v. RostSupreme Court of Minnesota · 1925
- Kurbel v. O'HairMichigan Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.