Sperry v. Moody

After instructing the jury that the burden was on appellees to show that they were induced to execute the deed to Glueck by fraud practiced on them, the trial court further instructed the jury that if the execution of that deed was so procured the burden was on Sperry to show that "he purchased the property in good faith, and without notice of such fraud." Sperry excepted to the Instruction so far as it placed the burden of proof on him as stated, and insists here that the action of the court in overruling his exception was error which entitled him to a reversal of the judgment.

The legal…