McCartney v. Bolyard
McCartney v. Bolyard
Opinion of the Court
The plaintiffs have neither alleged nor attempted to prove any other ground for a cancellation of the deed, or the rescission' of the agreement, than that the consideration thereof going to the plaintiffs has wholly failed, by the failure and refusal of .the defendants to maintain and support them on the farm in the manner provided for in said contract. As every allegation of the bill looking in that direction is explicitly denied by the answer, the burden of proof to support these allegations of the bill rests upon the plaintiffs. The depositions of the plaintiffs themselves, and of many
The decree of said circuit court is therefore affirmed with costs and thirty dollars damages against the appellants.
Aeeirmed.
Reference
- Full Case Name
- McCartney et ux. v. Bolyard et ux.
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- A ease where a bill, filed by the grantors, to set aside and cancel their deed, conveying to their grantees certain real aud personal property, in consideration of their maintenance and support secured to them'by said deed, was properly dismissed at the hearing, because the proof wholly failed to sustain the allegations of the bill.