Richardson v. Flowers , 1 Gunby 76 ( 1885 )

Gunby, J.

Where a sale is attacked as simulated, the burden of proof is on the vendee, if the vendor has remained in possession after the sale; otherwise, if the vendee has gone into possession.

2. Where the witnesses swear positively to the bona fides of a transaction, the circumstantial evidence against them must be strong, clear and without a missing link, to overthrow their statements, however suspicious and interested they may be.