Allen v. Allen

PRATT, Chief Justice.

In this action plaintiff seeks to have the court declare that she has a one-half interest in the following described premises; and, as the premises cannot be partitioned, that they be sold, and one-half the proceeds paid to her. The defendants by counterclaim contend they own the premises. The issue is submitted to us upon two points of controversy: (1) Was there a delivery of the deed of January 12th, 1929; and (2) was Section 104-49-2, U. C. A. 1943, violated— pertaining to testimony about matters equally within the knowledge of the witness and the deceased?

This is what…