Where deeds are impeached for fraud, the mere allegation of fraud by the bill will not entitle the Plaintiff to an order for their production ; on the other hand, in order to obtain a production, it is not necessary that the fraud should be admitted by the answer, the Court must look at the circumstances of each case.
Order made for the production of a deed impeached for fraud, though the fraud was denied by the answer, the case on the whole being such as to render an inspection proper.
Citations:
[1842] EngR 189, (1842) 6 Beav 131, (1842) 49 ER 775
Links:
Torts – Other, Litigation Practice
Updated: 05 May 2022; Ref: scu.307144