ANDERSON v. Palmer

It is elementary law that the person alleging fraud must prove the allegation. Fraud is never presumed. In cases where the party accused of fraudulent conduct sustains a fiduciary relation to the party defrauded and the latter makes a prima facie case, the burden of proof shifts to the *140former, but in all oases the party charging fraud must adduce sufficient evidence either to prove fraud or a strong suspicion of fraud: Sabin v. Kyniston, 81 Or. 358 (159 Pac. 69); Benson v. Johnson, 85 Or. 677, 682 (165 Pac. 1001, 167 Pac. 1014).

In all of the cases relied upon by the appellants, placing the…