Page:Federal Reporter, 1st Series, Volume 1.djvu/586

578 vedebàl befobtsb. �a proceeding in rem to subject property to the satisfaction of a lien antedating the commencement of proceediugs in bank. ruptcy. ���KlLOOBB V. GbOSB & DlYEB. (Cireitit Court, B. J). Arkamas. , 1880.) �OOKTBACT — Mental Condition. — Facts upon which it was held th«  mental condition of a party was such as to iucapacitate him to enter into a valid contract, �8ame — Imposition — ^Equitable Relief. — Agalnst the consequences ol mistaken judgment, or mere imprudence and foUy on the part of one makicg a contract, courts can grant no relief. But the acts and con- tracts of persons who are of weak understanding, and who are therebj liable to imposition, will be held void in courts of equity, if the nature of the act or contract justifies the conclusion that the party has not exercised a dellberate Judgment, but has been imposed upon, circum- vented or overcome by cunning artifice or undue influence. �Same — Exercise op Rbasoning Faculties.— A party is not barred by • contract entered into when his mental condition is such as to preolude any fair or reasonable exercise of the reasoning faculties. �Same — Incapacitt — Expert Testimony. — Opinions of witnesses not experts are competent evidence on the question of capacity or incapacity to make a contract, when the faots or circumstances are disclosed on which they found their opinions. �Caldwbll, J. The plaintiff was the owner, among other property, of five head of horses, two sets of double hamess, and one Concord eight-seat stage coach or wagon. Hedesired to sell or exchange this property, and having been informed that Cross & Diver, the defendants, h ad obtained a contract for carrying the United States mail, and were running a street railway in Little Eock, and that they would probably pur- chase the property, he caused inquiry to be made of them on the subject and received an answer, in substance, that if he would bring his property from Hot Springs, where plaintiff then was, to Little Eock, they might purohase or trade for it. Encouraged to believe that he could dispose of his property to the defendants, the plaintiff, on the fonrteenth day of July, 1878, started from Hot Springs to Little Eock with his stage ��� �