
    No. 558
    NAT. BOND & INVEST. CO. v. DENNIS, etc.
    Ohio Appeals, 6th Dist. Lucas Co.
    No. 1821.
    Decided April 11, 1927.
    Note: — Judges Houck and Lemert of the 5th Dist. and Judge Justice of the 3rd Dist., sitting in place of Judges Richards, Williams and Lloyd of the 6th Dist.
    557. FRAUD — Fraud is never presumed but must be established by that degree of proof required in law.
    First Publication of this Opinion
    Attorneys — Ritter & Brumbaek for Nat. Bond & Invest. Co., Elmer E. Davis for Dennis; all of Toledo.
   HOUCK, J.

This is a suit in equity and reaches this court on an appeal taken from the judgment of the Court of Common Pleas. The action was for the rescission. of a contract of sale of a note and mortgage endorsed without recourse. Rescission was asked on the grounds of fraud. The Court of Appeals found for the defendant as follows:—

We think the rule of law is well settled that where there is fraud, a court of equity will grant relief. The testimony in this ease fails absolutely to establish the fraud claimed. It must be remembered that fraud is never presumed but it must be established by that degree of proof required in law.

Judgment for defendant.

(Lemert and Justice, JJ., concur).  