62 F. 519 | 5th Cir. | 1894
(after slating tli,e fads). The complainant's original bill, and .the answer thereto of Harris Master-son, ought to hate been referred to a master, to be purged of scandal and impertinence, at the cost of the respective parties. In the 1‘ecord we find no note of evidence by either party, but we do find, in no particular order, ex parte affidavits, documents, depositions, and'evidence taken orally before the examiner; and we also find the following certificate:
“In the Dinted States Circuit Court for the Eastern District of Texas, at Galveston, Texas.
“Gli. No. 242. J. Gordon Brown v. Cornelius Davis et al.
“This is to certify that, as trial judge sitting in the above numbered and styled cause at Galveston, Texas, in November, 180⅝ there was much oral testimony heard and considered by the court on the trial of said above numbered and styled cause that was not; taken down by any one in writing, neither the attorneys for complainant nor respondents requesting that it be done; and that said oral evidence is not in the record of this cause, upon which, in part, the decision of the court was based.
“Aleck Boarman,
“.Judge Sitting on the Trial of the Above Numbered and Styled Cause.”
It was (he duty of each party to prepare and file in the record a note of the evidence upon which he relied, and it was his further duty to see that that evidence was filed with, the clerk in such shape that it could be embodied in the transcript of appeal. The evidence found in the record wholly fails to sustain the sweeping charges of conspiracy and fraud contained in the original and amended bills. As to Archie R. Masterson, it not only fails to establish the charges of conspiracy and fraud made against him, but it is so strong in bis favor as to affirmatively relieve him of all suspicion of any conduct in any wise affecting his personal or professional integrity. There is not a particle of trustworthy evidence in (he record showing or tending to show that Archie R. Mastei'son was employed by the complainant, J. Gordon Brown, at the instance of any person whatever, to prepare for him a full and complete abstract of all transfers in Brazoria county appertaining to the lands described in the bill, or that he was
These conclusions necessarily dispose of all the alleged equities asserted by the complainant, except such as may arise from the following facts, developed by the evidence: Cornelius Davis owned a tract of land in Brazoria county, on which Hams Masterson held a vendor’s lien for the sum of $700, of several years’ standing, and also a deed of trust to secure the payment of a debt amounting to $3,321.75, which deed of trust was duly recorded in the records of Brazoria county on the 21st of January, 1890. On the I9th day of February, 1890, Cornelius Davis made application to Brown Bros., money lenders, for a loan of §2,000, to be secured by deed of trust-on said lands; and in such application represented that there was no lien upon the said land except the vendor’s lien in favor of Harris Masterson for §700. Brown Bros, decided to make the loan requested by Cornelius Davis, but in so doing did not provide them