Mills v. Lynch

This appeal presents only the question of whether the plaintiffs’ evidence was sufficient to survive the motion for nonsuit. There are a number of discrepancies and omissions in plaintiffs’ evidence. Defendant’s evidence, of course, was not before the court. In his answer defendant categorically denies that he was guilty of any fraud. He alleges the transaction was handled by plaintiffs’ own attorney who had been employed by the family to sell the land of their father in order to pay his debts, and the proceeds of the sale were used for that purpose; that the brothers and sisters had…