Oppegard v. Oppegard. - Colorado Supreme Court

Oppegard v. Oppegard.

By Colorado Supreme Court

  • Release Date: 1932-04-04
  • Genre: Law
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Oppegard v. Oppegard. Colorado Supreme Court Book Review Score: ★★★★★ 5/5 stars

CHARLES A. Oppegard sued Louise J. Oppegard, alleging that two quitclaim deeds given by him to her were in fact mortgages, that he paid the debt secured thereby, but that notwithstanding the fact that she received payment in full, she refuses to reconvey the property to him. Mrs. Oppegard, called to the stand by Oppegard for cross-examination, gave in full her version of the transactions, and the plaintiff gave in full his version of the transactions, and then rested. The court thereupon granted Mrs. Oppegards motion for a nonsuit and dismissed the case. The case was presented below on the theory that the court was to consider the testimony of the respective parties and determine in whose favor the evidence preponderated, the same as though Mrs. Oppegard had testified in her own behalf. It is presented here on the same theory.

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