(Download) "White v. Prahl" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: White v. Prahl
- Author : Supreme Court of Montana
- Release Date : January 23, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Appeal and Error, Cross-Appeal, Necessity for — Review of Equity Cases on Appeal — Deeds, Warranty Deed — Confidential Relation Between Grantor and Grantee — Evidence, Sufficiency of — Failure of Proof to Support Trial Courts Findings. 1. Appeal and Error — Duty of Supreme Court in equity appeal. Supreme Court, when considering an appeal in an equity case, has duty of reviewing evidence and of determining if such justifies findings, conclusions and judgment of trial court. 2. Appeal and Error — Substantial evidence rule. On appeal in an equity case, where there is little or no conflict in evidence which in itself is unsatisfactory in character and furnishes no substantial basis for findings of trial court, Supreme Court will set findings aside and finally determine rights of parties. 3. Deeds — Evidence insufficient to sustain finding. In action to quiet title by grantees, wherein defendants contended that warranty deed by which grantees claimed property was void, evidence was insufficient to sustain finding that, at time deed was signed, such a confidential relation existed between grantor and grantee as to justify setting aside deed. 4. Appeal and Error — Cause reversed. Where evidence in equity case was insufficient to support judgment for defendants, and no cause appeared justifying new trial or taking of further evidence, Supreme Court had duty to finally determine such case and would order that judgment be reversed and cause remanded with directions to enter judgment in favor of plaintiff.