Henry Billings Brown

“ It has always been held that the omission of a party to testify as to facts in his knowledge in explanation of, or to contradict, adverse testimony is a proper subject for consideration both at law and in equity. ”

“ Neither Budd nor Montgomery, nor their witnesses White and Rockwell, were put upon the stand, though all, or, at least, some of them, must have been cognizant of the entire facts connected with these transactions. 'It is certainly a maxim,' said Lord MANSFIELD, 'that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.' Blatch v. ”

“ Cases of fraud are recognized exceptions to the general rule that the commission of one wrongful act has to legal tendency to prove the commission of another. Such other acts always have a bearing upon the questions of fraudulent intent or guilty knowledge where they are in issue. Thus, a single act of passing counterfeit money is very little, if any, evidence that the party knew it was counterfeit, since the innocent passing of such money is an every-day occurrence ”

“ All of the lands covered by these 22 entries lie in the same township, except one, which lies in an adjoining township. In all the cases but two the acknowledgments were made before the same notarial officer. The deeds thus executed to Montgomery covered 3,000 acres, and, if valued on the basis of the valuation of the Budd land, would amount to about $100,000. Two witnesses swore that, in 1882, Montgomery requested them to take a timber claim, and offered to pay them $100 each for their rights and expenses. ”