Tbe defendant insists that there is no evidence of fraud, and consequently tbe motion for nonsuit should have been granted. All tbe pertinent evidence upon which fraud could be predicated, is contained in tbe following admission: “It is admitted that tbe five notes aggregating $1,860, were executed by L. F. Gooley to W. G. Dean as a part of tbe purchase price of Blue Ridge Avenue property described in deed from J. 0. Dean to L. F. Gooley; that W. G. Dean endorsed said notes and deposited same in Biltmore-Oteen Bank as collateral security for said W. G. Dean note in said bank; that two of said notes have been paid, three have not been paid, and that said bank at this time bolds said notes as collateral security for tbe unpaid part of tbe W. G. Dean note.” There is no evidence tending to explain why said notes were made payable to W. G. Dean instead of J. G. Dean. There is no evidence that tbe son was acting as agent for bis father, or that any confidential relationship whatever existed between father and son. In other words, tbe fact-status is substantially as follows: A father owns a piece of land and exchanges said land witb a third party, receiving another parcel of land and notes aggregating $1,860. Tbe notes are made payable to tbe son. Subsequently, tbe notes are found in a bank hypothecated as security for tbe indebtedness of tbe son.
This evidence scarcely rises to tbe dignity of a suspicion and does not disclose, upon tbe facts presented, tbe presence of fraud. Tbe judgment of nonsuit should have been granted.
Reversed.