168 HIGH COURT OF CHANCERY.

JOHN H. DUVALL ET AL.

vs. DECEMBER TERM, 1847.

JOHN CO ALE. )
f

[FRAUD.]

A PARTI who attempts to protect himself from the cousequences.of an engage-
ment into which he has entered, upon the plea, that he has been imposed upon,
must make out the imposition by proof.

Fraud is not to be presumed, and though it may not be necessary to prove it by
direct and positive testimony, yet, the circumstances upon which the pre-
sumption of its existence is to be founded, should lead plainly and directly,
and by strong implication, to that conclusion.

Deliberate settlements and solemn instruments are not to be impeached and
overthrown by light and trivial circumstances, which, at most, furnish a
foundation for ingenious minds to speculate upon, and to weave plausible
theories of unfairness in the transaction with which they are associated.

[John Coale, of Howard district, having been indebted to
Beale Duvall, in the sum of $1187 55, executed to him a bill
of sale of certain personal property, dated 27th November,
1824, to secure its payment. According to the allegations of
the bill, the debt was, on the 8th of January, 1834, reduced to
the sum of $742 29; and on the 28th of October, following,
Coale mortgaged certain real estate in Howard district, to Du-
vall, to secure the payment of the balance, in three annual in-
stallments, with interest; the last installment being due on the
28th October, 1837. The bill also stated, that said Duvall,
had been long since dead, and that John H. Duvall and William
B. Duvail, two of the complainants, were his administrators ;

that Coale had made but two small payments on the mortgage,
one of $65, on the 27th September, 1841, and the other of
$214 49, on the 21st February, 1842; the balance, with inter-
est, being still due; and that the mortgage was afterwards as-
signed by said administrators, for a valuable and bona fide con-
sideration, to Thomas John Bowie, the other complainant. The
defendant, Coale, admitted in his answer, that he had signed the
mortgage in question; but, stated that he knew nothing of its
contents, save as they were afforded him by Duvall, who pro-