Schulte v. Starritt

Plaintiff Starritt brought this action against defendants to recover possession of certain real estate. Defendants answered by general denial, and at the trial contended, and offered evidence tending to prove, that plaintiff held the legal title as trustee for defendants. From a verdict and judgment against them, defendants appeal.

1. The first contention of defendants is that the trial court erred in instructing the jury that defendants had the burden of proving by a preponderance of the evidence that plaintiff held title to the property as trustee for them. They argue that under section 593,…