Polly v. Smith

Opinion by

Judge Lindsay:

Whilst it is true the recitals in the mortgage from Smith to Hall do not, as to third parties, tend to prove the good faith of the transactions between them, yet, as fraud is not to be presumed and as Hall is asking no relief against these appellants, it was incumbent on them to establish by proper pleadings and evidence the fact that Smith is indebted to them, and also to make out a prima facie case of fraud against Hall, the mortgagee.

The actions of appellants are founded on judgments purporting to have been rendered in their behalf against Smith in the court of…