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CHILD v. CHILD

No. 8869.

8 Utah 2d 261 (1958)

332 P.2d 981

HARRY CHILD, ALSO KNOWN AS HENRY CHILD, PLAINTIFF AND RESPONDENT, v. EUGENE A. CHILD AND ARVILLA CHILD, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 20, 1958.

Attorney(s) appearing for the Case

J. Grant Iverson, Salt Lake City, for appellants.

Child & Spafford, Ramon M. Child, Woodruff C. Gwynn, Salt Lake City, for respondent.

CROCKETT, Justice.

Defendants, Eugene A. Child and his wife, Arvilla, were directed to reconvey certain land to Eugene's father, plaintiff Harry Child, upon the ground that they held it in trust for him. They appeal.

The essence of defendants' position is this: that Eugene received the property by deed from his father, which establishes title in him, and that it has not been assailed and overcome by the requisite burden of clear and convincing evidence.

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