Evans v. Mansur & Tebbetts Implement Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Texas. On December 3, 1896, one W. E. Dupree executed a deed of trust, by which ho conveyed, for the benefit of his creditors, his goods, wares, merchandise, and other personal property described in the deed of trust.
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Appeal from the Circuit Court of the United States for the Northern District of Texas. On December 3, 1896, one W. E. Dupree executed a deed of trust, by which ho conveyed, for the benefit of his creditors, his goods, wares, merchandise, and other personal property described in the deed of trust. The deed of trust divided the creditors into three classes, A, B, and 0; the total amount of claims intended to be secured being- ¡<211,611.08. William W. Evans, the intervener herein, was included in class A; and provision was thus made for payment to him of a debt of ¡¡¡3,518, represented by notes.…
1Opinion of the CourtParlance, District Judge
(after stating the facts as above). The main question in this matter is whether the charges of fraud made by the complainants have been proved by them. Fraud is not presumed, and the party who alleges fraud must prove it. It is true that frequently fraud cannot be proven by direct,» affirmative evidence, and that, in order to discover and expose it, resort must be had to circumstantial evidence. But, whether the evidence be direct or circumstantial, the effect of it must be to produce a reasonably clear and distinct conviction that fraud has been committed. Mere suspicions are not sufficient.…
2Cited by3 opinions
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Leary v. United StatesCourt of Appeals for the Fourth Circuit · 1915
- Lyons, Etc., Trust Co. v. Tuxedo State BankIndiana Court of Appeals · 1929