Walker v. Mink - Supreme Court of Montana

Walker v. Mink

By Supreme Court of Montana

  • Release Date - Published: 1945-05-15
  • Book Genre: Law
  • Author: Supreme Court of Montana
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Walker v. Mink Supreme Court of Montana read online review & book description:

1. Executors and Administrators ? Evidence sufficient to show a note was "raised." In an executors action to cancel testators note and deed to the defendant, evidence supported the findings that the defendant raised the amount of the note by inserting additional words and figures therein for the purpose of defrauding testators estate and that no part of the note was due and unpaid. 2. Appeal and Error ? Findings supported by substantial evidence not disturbed on appeal. The trial courts fact findings, sustained by substantial evidence in record, will not be disturbed on appeal. 3. Fraud ? Not presumed ? Burden of Proving ? Proving by Circumstantial Evidence. Good faith is presumed and fraud is never presumed; the burden of proving fraud is on the party alleging it and while fraud may be proved by circumstantial evidence, a mere suspicion is insufficient proof of it. 4. Appeal and Error ? Testimony contrary to findings not requiring reversal. The fact that the record on appeal contains positive and uncontradicted testimony contrary to the trial courts findings of fraud does not require a reversal of judgment thereon. - Page 352 5. Fraud ? Latitude in proving. To prove fraud, wide latitude is allowed in assembling trivial, remote and disconnected facts and circumstances, which are interpreted by bringing them all together and contemplating them all in one view, and such accumulation is weighed against direct contrary evidence of parties charged with fraud. 6. Evidence ? Witnesses appearance and manner. The trial court is not bound by witnesses positive uncontradicted testimony, but must consider the witnesses appearance, demeanor and manner of testifying and probability or improbability of the truth of their statements in connection with other facts in the case. 7. Evidence ? When trial court may disregard testimony. When witnesses statements, though positive and not directly contradicted by other witnesses, are improbable, contradictory and inconsistent in themselves or relate to transaction with the deceased or absent persons, witnesses are directly and pecuniarily interested in result of controversy, and attendant circumstances cast suspicion on the entire transaction as narrated by witnesses, the trial court may disbelieve them and disregard their testimony.

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