Page:Federal Reporter, 1st Series, Volume 6.djvu/131

 EHODE ISLAND HOSPITAL TRUST CO. V. HAZARD. 119 �position is now impossible. In this view of the case, there- fore, and aside from the question of actual authority, the plaintiff, whase equities are not superior to those of Morris, is estopped from disputing the defendant's title to the fund in controversy. �It is unneoessary to discuss the several exceptions to the master's report. His conclusion is correct. The exceptions are therefore overruled, and a decree will be entered (sub- stantially in the form recommended by him) in favor of the deiendant in the issue. > ���Ehodb Island Hospital Trcst Company, Adm'r, ». Hazaed. �(CHrcuit Court, D. Bhode Idcmd. February 17, 1881.) �1. WirNESS — Partt to Scit — Action by Admesistkatou — Rev. 8t. �H58. �In a suit by an administrator for the annulment of a contract, upon the ground of fraud and undue influence, the defendant is dis- qualifled, by section 858 of the Revised Btatutes, from testlfying as' to transactions and conversations with the decedent personaliy. ' ' �2. CiOIfTKAOT — FHAtrD — iNSANnCY — EVIDBNCE.— [Ed. �Wm. W. de s. T. Douglas and Charles Hart, for oomplainants. Chas. S. Bradley and Benj. N. Lapham, for defendant» LowELii, C. J. iThis bill is prosecuted by the administra- tor of John G. Copelin, late of St. Louis, Missouri, having been filed June 5, 1875, by the guardian of Copelin, -whosRas then living, but insane. It alleges and charges that the^de- fendant, Eowland G. Hazard, of Peaoe Dale, in Bhode Iel-5 and, on thefourth of February, 1871, was the owneroftjiree- fourths of the capital stock of the La Motte Lead Cqjnpany, of Missouri; that the property of the company vrasa, lead mine, eneumbered by certain mortgages and debts, and was worth nothing beyond them; that the defendait sought tho acquaintance of Copelin for the sole object and purpps© of selling him. as much as possible of said stock, and represented to Copelin that the mine was wortl| $3,000,000, ftod that ��� �