70 So. 143 | Ala. | 1915
“Courts will not .strain to force conclusions of fraud; and if the circumstances relied on to sustain that allegation are fairly susceptible of an honest intent, that construction should be placed upon them. * * * Fraud will not be imputed when the facts and circumstances from which it is supposed to arise may reasonably consist with honest intentions.” — Pollak v. Searcy, 84 Ala. 259, 262, 4 South. 137.
It is the pleader’s obligation, when he would sufficiently charge fraud as a ground of avoiding a conveyance, to aver the facts and circumstances themselves from which the law, not the pleader’s conclusion, can deduce the conclusion that fraud affected the transaction. — Flewellen v. Crane, 58 Ala. 627-629; Empire Realty Co. v. Harton, 176 Ala. 99, 57 South. 763. As respects the storehouse property, described in the mortgage and in the conveyance to Ida Mathews, the cross-bill charges that the property was claimed by the husband or by the firm, of which he was a member, occupying the property; that the conveyance was not recorded; that there was no change in the possession of the property indicative of any change in the title; and that the
The decree is affirmed.
Affirmed.