by John Marshall Harlan

“ The utmost that can be fairly predicated of such of the evidence as may be properly considered as the basis of a decree in the cause is that there is ground to suspect that James R. Millner did not make a frank and full disclosure as to his financial condition at the time the compromise was effected with the plaintiffs. But a suspicion of the want of good faith is not sufficient to justify a decree setting aside, upon the ground of fraud, a compromise made as far back as 1873 ”

“ The deed to the latter was put upon record September 3, 1874; so that Hoffman, Lee & Co. knew, or could easily have known, at least 10 years before this suit was brought, that James R. Millner had become again the owner of the property surrendered to them in 1873. If they understood him as representing, in February, 1873, that the mortgaged property was 'all he had on earth' the question would naturally have arisen in their minds as to how he was able to buy that property back so soon after the compromise. ”

“ If he were in such condition as to be ableto testify or to furnish evidence upon this point, it may be that the fact of his having, in cash, as much as $12,000 shortly after the settlement of 1873, if not explained, would justify the conclusion that he had that amount at the time he asserted his inability to pay in full the debt of Hoffman, Lee & Co. ”