DUVALL VS. COALE. 169

fessed to read it to him. That he had placed implicit confi-
dence in Duvall, and believed he had read the mortgage to him
correctly; but was sure he did not, if the description of it given
by the complainants was correct; that he was under the im-
pression, that the balance due at the time of the settlement was
only two or three hundred dollars; and that this had been
satisfied by the subsequent payments admitted in the bill. The
defendant demanded a production of the mortgage, and a proof
of the assignment to Bowie, and of the grant of letters of ad-
ministration to the other complainants. A commission was
subsequently issued to take testimony, and certain proof, both
oral and documentary, taken under it; the character and effect
of which will sufficiently appear in the opinion of the Chancel-
lor, delivered on exceptions by the defendant, to the report of
the Auditor, which allowed the debt as stated in the bill.

THE CHANCELLOR :

I have read the evidence carefully, and given due considera-
tion to the circumstances and combination of circumstances
upon which the defendant rests his first exception, founded
upon the allegation, that the mortgage was obtained from the
defendant by fraud and imposition; and cannot think that the
conclusion fairly to be formed, from a view of the whole trans-
action, is such, as the defendant seeks to establish.

It is well established, that he who attempts to protect him-
self from the consequences of an engagement, 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 presum-
ed, and though it may not be necessary to prove it by direct
and positive testimony, yet the circumstances upon which the
presumption of its existence is to be founded, should lead
plainly and directly, and by strong implication, to that conclu-
sion.

Surely, deliberate settlements, and solemn instruments, are
not to be impeached and overthrown by light' and trivial cir-
cumstances, which at most furnish a foundation for ingenious

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