Page:Federal Reporter, 1st Series, Volume 5.djvu/324

 SlSa FBDEEAL EEPORTER. �was any concealment. The matter may not have oeourred to the parties. Mr. Walker seems to have been perfectly confident of the validity of the marriage settlement, and of the futility of any efforts to assaii it, and he may not have regarded Lile's suit as of any importance. If mentioned, he may have se expressed himself to Governor Chapman when consulted about the marriage settlement ; if not mentioned, it may not have occurred to him. A reference to it may have been made, and may easily have escaped the complain- ant's memory. If satisfled with Walker 's views at the time, the details of tbeir conversations may have passed out of his memory. The lapse of time cornes in here as an important factor on the question of recollection and the weight of evi- dence. �Then, as to the alleged representations about the validity of the marriage settlement, there is not a particle of evidence to show that any representations were made which the par- ties did not at the time honestly believe to be true, or that any facts were represented different from what they were. The validity of the marriage settlement as against creditors of Prewitt, not provided for in it, was a question of law rest- ing in opinion, and not a question of fact resting in evidence and representation, When it was aUeged to be valid, it was 80 alleged as a matter of belief only. No misrepresentation of facts is set out in the bill, and none is established by the proofs. �As Mr. Walker acted as the mutual friend of both parties in the settlement his testimony is important, and an abstract of it will perhaps give a clearer view of the transaction, as it actually occurred, than any statement which can be made, — somewhat fragmentary, it is true, being drawn out by inter- rogatories, but, nevertheless, clear and to the purpose. Speaking of the settlement of May 12, 1867, Mr. Walker says that he did not consider that he represented either of the parties in a professional capacity ; that the assignment of the security was made to him, as agent, at Governor Chapman 's request, but for what reason he does not know ; that he thought it a good settlement for both of them, and ����