- 20 - We are convinced that, on some date, Good Shepherd acquired title to the property. A title insurance policy effective December 13, 1990, states that title to the property is, on that date, in the name of Good Shepherd. Nevertheless, we have in evidence no deed or other document conveying title to Good Shepherd on that date or before. We know that title to the property passed to Litas by quitclaim deed in September 1985. We also know that, in December 1985, Litas made the first Litas indenture in favor of Salesian. We also know that, in December 1986, Litas made the second Litas indenture in favor of Salesian. There is no evidence that, during the years in question, Good Shepherd assumed that Salesian obligation. Petitioners' position is that Litas, on behalf of Good Shepherd, assumed the Salesian obligation. Vebeliunas testified that Litas acted on behalf of Good Shepherd in that respect. Again, such testimony strikes us as enlightened hindsight, and we give it no credence. More importantly, if Litas was acting on behalf of Good Shepherd, it was putting its own credit on the line when it made the two indentures. There is, however, no evidence of any agreement by Good Shepherd to reimburse Litas for any payments it was required to make pursuant to the indentures. The logic of that omission is that Litas was an obligor on its own behalf, and not on behalf of Good Shepherd. We do not understand all that went on here, but that is petitioners' fault. They have the burden of proof. Suffice it to say that they have not convinced us that GoodPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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