143 P. 582 | Utah | 1914
On the 17th day of March, 1906, the plaintiff, hereinafter called appellant, commenced this action in the District Court of Salt Lake County against the defendants Wiswell, Ball, Clark, and Onasch, hereinafter styled respondents, to set aside a deed whereby appellant conveyed a certain parcel of
It appears from the evidence that the inducement and consideration for making the deed in question, in brief, are
“I shall not undertake to discuss in detail the evidence in this ease, but after having carefully considered it, I am unable to reach a conclusion that the plaintiff has established
Counsel for appellant also strenuously insist that under the law Mrs. Onasch was not an innocent purchaser of the land in question, and that the court erred in holding that under the facts she was such. In view that we have reached the conclusion that the evidence is insufficient to establish fraud or deceit, the question of whether or not Mrs. Onasch was an innocent purchaser becomes immaterial, and therefore
For the reasons hereinbefore stated the judgment must be affirmed, with costs. Such is the order.