Page:Federal Reporter, 1st Series, Volume 6.djvu/132

 120 FEDERAL REPORTKR. �it could be sold for that sum ; that it was making largo profits ; that he was willing to sell one-half his stock, being three- eighths of the mine, to Copelin for $225,000 cash, and the assumption by Copelin of three-eighths of the mortgage debt ; that Copelin's mind had become at this time niuch impaired and -weakened, so that he was incapable of managing his affairs intelligently, or comprehending the scope and effect of what he did, and was easily imposed on by the representa- tions and flattery of others; that between the fourth and tenth days of February, 1871, the defendant did, by persist- ent and repeated representations so made to Copelin, induce him to buy the stock at the price before mentioned, xna that an agreement for the purchase was made, which is copied intothe bill; that Copelin paid the $225,000, and $37,500 of the debts; that Copelin was not capable of understanding eyen a true representation, but the defendant in fact greatly overstated the value of the property ; that Copelin knew noth- ing of the property except what he learned from the defend- ant ; that the defendant knew, or had reason to believe, that Copelin was not of sound mind; that in November, 1873, Copelin was found by a jury to be of unsound mind ; and that in December, 1873, a guardian was appointed for him, who wrote to the defendant a letter rescinding the contract, and offering to return the stock. �The prayer is that the defendant may answer without his oath, that the contract and oonveyance may be annulled, and the defendant be adjudged to pay the sum so receivedby him. �The answer denies ail the specifie allegations and charges concerning the state of mind of Copelin, and the defendant's knowledge thereof, and ail the other facts relied on to show fraud or undue influence, and sets ont at much length the circumstances of the purchase of three-fourths of the mine by the defendant, and his sale of one-haK of his interest to Copelin; that the purpose and object of sale was in fact to procure the assistance of an able business man in Missouri; that Copelin was not known to him until this time, when he was introduced by a f riend as being such a business man ; ��� �