Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1882-03-16
to show that that presumption

transactiOn 70 show that that presumption
Is adequately rebutted"
Tho same principle is stated By Justice
Turnkey IN DdriiHgt1H's 1ppeai. 3 Norris
5ls, lowing tO the near connection be-
tween the parties in many relations, the
transnctiOn IN itsclf Il considered 80 suspi-
cious as 10 cAst the burden Of proof upon
the person who seeks 10 support Il, 10 show
that he has taken no advantage Of hi. in
iuence or knowledge, and that the arrange.
ment II fair and conscientious"
To the same effect IL the case Of Gr1ea.
Getds Estatc, 2 UorTis SOC, IN which Ju..
tice Bell, who delivered the opinion Of the
court, says, In speaking of transactions be-
tween persons standing In the situation Of
guast guardians or confidential adviserg
"Othcr authorities, where the Transaction
IL one Gl contract and sale cuucrding that
II may not be- absolutely void, iyso faefo.
throw upon the agent the burden Of cstab.
lishing IT, perfect fairness and adequacy,
and that it was the deliberate act Of the
conhdlng party, after being fully informed
Of hp riRhu, interests and duties, and but
upon his guard against even the suggestions
Of his own incinationsn
We cite these cAses 10 show that the bur
den of proof is thrown upon the defendant
Of sustaining the validity Of this deed This
casc can only be- determined on "a final
hearing before the master, when all the
evidence has been submitted. We will
not undertake IN this preliminary hearing
10 psss upon the validity Of this deed 81
tfu-t That will have b. bc determined
when the case IL heard before n master, and
comes into court for final decree. We
only decide now that, under the sfiidavits
prrseniod, We think IL is case calling for
our inierposition until the rights Of the
parties can bc finally settled
And now, March l4ih, 1852, this cause
came on 10 be heard aud wac argued by
counsel. and thcreupon, upon considcra.
tion thereof, ii is ordered hdjudged and
decreed that the injunction heretofore
granted be continued
And IL il further ordered, adiudged and
decrccd that John +. Harris, Of Bellefonir,
Pa, be- appointed receiver, with full power
sBd authority 10 receive and take posses
zion of All the securities, moneys, and per-
souAl property now In the possession and
under the control Of the said defendant,
james Milliken, under and by virtue of
sAid deed of irust, and to take possession,
care, control and management Of ssid real
estate, conveyed 10 sAid james Miiiiken,
hy saii deed II trust, until GnAi hearing
The saii receiver before entering upon tho
duties Of his appointment 10 give bond
IN The Fum Of eighty th0ussnd dollars.
with two sufficient sureiies 20 be approved
by one of the law judges Of The court, con.
dlli0Hed for the fsithful care and manage.
mont and accounting af said moneys, Sc.
curiiics and pcrsonai property, and rents
and income Of tnid real estate. Said bond
to be- filed ~ith the clerk of the court
And 10 is further ordered that The said
JAmos Miliiken deliver and pay over to
such receiver 81 securities. moneys and
personal property which be holds and has
IN bi. possession. or under biz control, un.
der aud by virtue of raid deed Of trust.
&. 4. MAYER, 7. !.
JSo II OKyIs, A. l.. !.