Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-04-07
henslOn On the part Of Taley. and that Smith knew

aeisGn n on the part of Taley. and that Smith knew
s;i The price agreed to be paid for these slaves by
Snll.n sal Was $3.50 IN equal sums at one two and
three years free of interest when we are sas;sfeJ
from tne proof though somewhat eon6;ct;ng thav
were at the time Of the sale worth 81 00o He n
inmates IN ms answer that he became bound to
Tsley too keep and not separate said slsye. 80
though others without this restriction ,n;eht
given more, yet with it, the price ne agreed IN nav
was full and adequate. There is no nroof tbat ~
did become SO bound, and it is shown bv Josenh
Hamiltons evidence, that within day or two after
the purchase of Talley, Smith attempted to sell the
negroes or part of them, to him. 1t is said that
Talley was not to part with the possession of the
slaves so long as he lved and as evidence Of this
they were left by Smith in his possession and il is
proved by the widow of Talley, that she heard him
say so, and it is argued that this Influenced the
price.
But Smith insists on nothing of the kind in his
answer and there is no reservation In the bill Of
sale to that effect Besides, if this were so, Smith
knew Talley could live but few days
There is as we think, nothing in the evidence OF
the widow Of Tally, who is the chief witness Tor
Smith, to overthrow the force of this testimony
She proves that upon one occasion, when smith
was at Taleys, her husband asked her to leave the
room ; and though she has, since her husbands
death, taken sides with Smith against her husbands
famiy-she being q second wife-it is manifest
from this record and she states that while Smith
question his motives, and used every effort TO keep
him away. ~ 49,. ~. Z ?
Her creduhty is, to some extent, shaken, and she
is involved in material contradictory statements !;
but alter all the substance Of her testimony does
not, TO any great extent, conflict with the other
proof. She states that she regarded Smiths visits
as based upon improper motives (; that he alarmed
her husband as to his securItyship for Jsues that
she did not wish Smith TO see him; that he was
SICK, and Smith teased him too much about trading,
and ahA atr r0v IN Eao hfrr,f
An attempt has been made to discredit the wit
ness Fox, but we think without successful i'm
peachment of his testimony. Besides if it were
out Of tie case, the result would be the same.
This bill of sale cannot stand, and the Chancellor
in so holding gave the proper decree. Ii is not re-
quired that Dudley TaIley should have been of un-
sound mind, we have often held, to avoid it. It
is laid down by Judge Story, Il Story Eq. sec. 234)
that where person, although positive compes
or insane, is yet o. such great weakness of mind
as to be unable to guard himself against imposi-
tons, or to resist importantly or undue influence,
he will be protected in court of equity where an
unfair advantage has been taken of his weakness to
obtain an unreasonable bargain or benefit from
him. And it is quite immaterial from what cause
such weakness arises, whether from temporary
Illness general mental alimbeciliy the natural ncapa
city of early infancy, the infrWity of extreme old
age, or those accidental depressions which result
from sudden fear or overwhelming ealamities For
il has been well remarked, that although there is
no direct proof that man is cosnpos or deirl-
ous yet If he is man of weak understanding md
is harrassed and uneasy at the time, if the deed
be executed in extremes or by prosolytc, il can
not be supposed that he had mind adequate TO the
business he was about, and he might be more easily
imposed upon. And in section 325 il il stated az
obvious rule that weakness of understanding must
constitute a most material ingredient in examining
whether a bond or contract has been obtained, by
fraud or imposition or undue influence. for al
though a contract made by q man Of sound
mind and fair understanding, may not be set
aside merely from Its being rash, improvi-
dent, hard bargain. yet if the same contract be
made with person Of weak understanding, there
arises natural inference, that it was obtained by
circumvention or an undue influence. And in sec
ton 238 it Is said the doctrine therefore may be
laid down generally true that the acts and con-
tracts of persons, who are of weak understandings
and who are thereby liable to impositions, will be
held void in courts of equity if the nature of the
set or contract justities tho conclusion that the
party has not exercised deliberate judgment, but
has been imposed upon, cireumyented or overcome
by cunning or undue influence.
The application of these principles to the facts of
this decisive of it. There can be no ques-
tion that this distressed old while sboring
der great physical and mental prostratiOn. was
msled and imposed upon by the artful contrivances
of Smith, and thereby an unconscientious bargain
extorted from him.
In relation to the securityship for JONES' Smith
was guilty of Intentional Misrepresentation. l
Story's Eq. sec. I92-I93. Johnson vs. Chadweli, 8
Humph. las. Davis vs.. AeNolley, Sneed, 5s3.
The argument that the making of q second will
by Dudley Talley on the evening before his death
and the institution of this suit sstops cOmpanants
from controvertng his sanity at the time of the
ecution of the bill of sale has nothing in it, because
no one insists that he positively non compos
mentis, and is as we have seen, unnecessary that
the proof should go that far.
Dudley Taley or his representatives. are not to
be repeled from relief under the notion that this
bill of sale was made to defraud his creditors,
since such his distress anil the weakness Of his
understanding, with the wies resorted to- to obtain
it. that it is to be regarded rather as the act Of
Smith than of fTaley. We do not intend to make the
well established maxim in pGri delicto portion est
Co1ditio dgsaditis ct poSSedeztis. But here these
parties 40 not stand in pdri deicto. Storys Eq.,
sec. 1913, 800; Sneed, 5S3.
The decree will be affirmed. WRIGHT.
A true copy. W. r. CAswELL., Clerk.