First National Bank of Iowa City v. Hartsock

MorliNG, j.

The case presents only a fact question. The burden of proof is upon the plaintiffs. Fraud is not presumed. The relationship of pare'nts and child between the grantors and the grantee -does not create a presumption of fraud. It does- require a critical examination of the attending circumstances. Fraud is not committed openly. It is an offense of secrecy. Direct evidence is rarely obtainable. Frequently it can be shown only by the circumstances admitted by the parties .to it. Fraud may, and usually must, be proved by circumstantial evidence. The individual circumstances are usually…