87 F. 275 | 5th Cir. | 1898
(after stating the facts as above). The main question in this matter is whether the charges of fraud made by the complainants have been proved by them. Fraud is not presumed, and the party who alleges fraud must prove it. It is true that frequently fraud cannot be proven by direct,» affirmative evidence, and that, in order to discover and expose it, resort must be had to circumstantial evidence. But, whether the evidence be direct or circumstantial, the effect of it must be to produce a reasonably clear and distinct conviction that fraud has been committed. Mere suspicions are not sufficient. While it is also true that in civil matters fraud need not be proven beyond a reasonable doubt, yet a charge of fraud should not be fastened on any one, even in a civil matter, unless the proof satisfies the mind. There are frauds
The deed of trust not having provided for attorney’s fees on the note, the master was correct in disallowing such fees.
The decree herein, in so far as it rejects the claim of the intervener, Evans, on the note for $2,5(10 and interest, is reversed, and the canse is remanded to the lower court, with instructions to grant a rehearing, to sustain the master’s report as to said claim, and to proceed in accordance with the views herein expressed.