Anderson v. Anderson
Utah Supreme Court
Appeal from the Fourth District Court, Uintah County.— Hon. J. E. Booth, Judge. Action for an accounting and final settlement of a partnership. From a judgment in favor of the plaintiff, the defendant appealed. The execution and delivery of the deed having been established, the burden was on the plaintiff to impeach its validity, and by the great weight of authority this could only be done by evidence beyond a reasonable doubt; a mere preponderance is not sufficient.
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Appeal from the Fourth District Court, Uintah County.— Hon. J. E. Booth, Judge. Action for an accounting and final settlement of a partnership. From a judgment in favor of the plaintiff, the defendant appealed. The execution and delivery of the deed having been established, the burden was on the plaintiff to impeach its validity, and by the great weight of authority this could only be done by evidence beyond a reasonable doubt; a mere preponderance is not sufficient. Cox v. Woods, 67 Cal. 317; Nevius v. Dunlap, 33 N. T. 680; Story’s Equity Jurisprudence, 157; Atlantic Delaine Oo. v. James, 94…
1Opinion of the CourtBaskin, J.
It is alleged in the complaint: “That in the year 1882, at Uintah county, Utah, plaintiff and defendant entered into a partnership, by the terms of which they were to enter into all kinds of available business, and were to share and share alike all gains and losses; that plaintiff contributed property, naming it, of the value of twenty-seven hundred and fifty dollars, and defendant of the value of'five hundred and thirty-five dollars; that each of the parties was to contribute his time and labors to the benefit of the partnership, and the property acquired was to be owned jointly; that the…
2Cases cited3 opinions
- Weed v. SmullNew York Court of Chancery · 1839
- McMahill v. JenkinsMissouri Court of Appeals · 1897
- Roach v. GilmerUtah Supreme Court · 1884
3Cited by1 opinion
- Anderson v. AndersonUtah Supreme Court · 1902