Key v. Jennings

Appeal from Warren Circuit Court. — Hon. W. ~W. Edwards, Judge. 1. Eraud is never presumed; it must be proved by him who asserts it. 1 Story’s Eq., See. 190. There is no particle of evidence of either actual or constructive fraud 2. A manifest distinction to be traced through all the cases between executory contracts and those which have been executed. In the latter class, where a deed has been made, and possession given, there must be an eviction at law under paramount title, before the court of chancery will interfere, and the vendor, selling in good faith, is not responsible for his title…