case richard crying Euhan appellant William blood and other respondent saint  January Mews dig seven ringtail Seton decree that Edward p form of issue as to  validity of deed imperial loan   v stow Q b a court of equity may upon the  testimony of witness determine upon the sanity or insanity of a person without  send it to trial at law a obtain a conveyance from a insane person long before  any commission of lunacy issue or be execute this be a fraud and the  conveyance shall be set aside though the consideration money be near the value  of the estate the archbishop of Tuam be in right of his see of Kilfenora seize  of the land of Glaninagh Aghaglinny and Murrugh in the county of Clare by  indenture of lease date the that of September demise those land to Thomas  blood the lunatic for a term of year at the yearly rend of S and one shilling  in the pound receiver fee and by virtue of this lease Thomas blood become  possess of the land which contain a large tract of ground and be of the yearly  value of pound Thomas blood in the year become a lunatic and in that and all  the follow part of his life give such remarkable proof of his insanity that  although by interval he may appear to be a person of understanding yet he be  well know and general esteem in the place where he reside to be a lunatic and  his friend and relation and particular the appellant wife who be a near  relation to he be all well acquaint with his insanity in the year this lunacy  increase upon he and he grow absolute incapable of manage his affair and in  the month of January and February in that year be under the brown care of  physician and be so much disorder in his sense as to be confine and attend  upon to prevent his do mischief notwithstanding which he commit many act of  violence and insanity for have in the say month of February private leave the  house of neptune blood he go to the appellant house who take advantage of this  disorder of mind and prevail upon he to execute a absolute assignment to the  appellant of the say lease date the that of that month and to sign a receipt  for the sum of pound as the consideration of such assignment although the land  at that time be worth at a moderate computation above pound and although no  more money be then actual pay to the say Thomas blood than pound S the rest of  the consideration except pound S d allege to have be pay to neptune blood a  mortgagee be pay in promissory note some of which be make Payable at future  time and the lunatic be prevail upon to endorse over those note to one Thomas  blood of Tiremackbran who be a subscribe witness to the execution of the  assignment and a party to the whole transaction the lunatic have thus sell and  immediate give up the possession of these land to the appellant and his  insanity continue upon he his relation find it absolute necessary for the  preservation of he and his estate to take out a commission of lunacy and such  commission have issue under the great seal of Ireland he be by a inquisition  date the that of October duly find and return to be a lunatic at the time of  the inquisition and that he have be so since some time in the month of  December and on the return of this inquisition the respondent William Adam be  appoint his committee soon afterward application be make to the appellant by  the friend and relation of the lunatic to quit this unjust and fraudulent  bargain but he insist upon the benefit of it a bill be in November file in the  court of exchequer in Ireland against he in the name of Robert Jocelyn Esq his  majesty then attorney general of Ireland and of the say Thomas blood the  lunatic by the respondent William Adam his committee set forth the insanity of  the say Thomas blood from the year and that in the month of February he be  absolute deprive of the use of his reason and understanding and state the  fraudulent procurement of the assignment of the lease by the appellant in  manner before mention for little or no consideration brown er p and that he  have since the assignment procure from the archbishop a renewal of the lease  the bill therefore pray that the say assignment of the that of February may be  set aside and that the benefit of the renewal and a assignment of the new  lease on payment of the fine may be decree to the plaintiff and that the  appellant may be compel to account for the brown profit of the leasehold  estate which he have receive since his pretend purchase the appellant on the  that of April put in his answer to this bill and thereby set forth that he do  not believe that Thomas blood have become lunatic in or have continue so but  on the contrary believe that in and for some year after he have the full use  of his reason and be not at all deprive of it other than what arise from  excessive drink but do not believe he be deprive of his reason long than while  be continue to drink to excess he deny that the say Thomas at the time of  execute the assignment be under any incapacity of manage his affair but aver  that he have enter into the say contract with the appellant in the most  deliberate manner and have act very cautious in dispose of the say land that  the bargain be fair carry on in the appellant house in the presence of Thomas  blood of Tiremackbran and Dennis Kerrin who be witness to the assignment and  also in the presence of mary blood and that at the time of the assignment he  pay the say Thomas blood the vendor pound S and S to neptune blood who advice  the say Thomas to give the appellant the preference of any other who may be  dispose to bid for the land and that neptune blood the uncle of Thomas approve  of the bargain and that for the residue of the pound he have give Thomas  several promissory note one for pound S d Payable to he or order on demand  another for pound Payable also on demand a three for pound Payable on the that  of June and a four for pound Payable the that of September and the appellant  admit that he pay Thomas but pound on account of the say note but allege that  he have make several payment to person to who Thomas have endorse those note  and particular pound to Thomas blood of Tiremackbran and that pound and no  more be due of the say pound and he likewise allege that from the that of  march he have set the land at a clear profit rend of pound by the year the  plaintiff have apply to this answer and issue be join witness be examine on  both side and publication duly pass and it be full prove on the part of the  plaintiff that the land be of the yearly value of pound and that the lease at  the time of the assignment be well worth pound or pound and it appear by the  witness examine on the part of the plaintiff who be no less than fourteen in  number all person of undoubted credit and who reside in the neighbourhood  where Thomas blood live from the year till his death some of who be clergyman  and other the physician and apothecary who attend upon he that from December  till January his insanity increase that his lucid interval during that time be  short that he have be confine and bind to prevent his do mischief that his  brown mother and family be oblige to quit their habitation and reside in  another place for two or three month together to avoid his fury and that his  disorder and act of violence be so notorious and frequent that he be know by  the name of mad tom blood and many particular act of frenzy and extravagance  from down to the time of issue the commission of lunacy be prove by the  witness it be likewise prove that in the month of December January and  February his lunacy come upon he with great violence than before and that in  January he be so outrageous mad that he break lose about twelve of the clock  in a frosty night from the house of one Mr Hickman where he have be under  restraint and the care of physician and travel in the night some mile through  the country in that rigorous season to the house of Samuel bank without shoe  or stocking and without any cover but his night cap and breeches that his foot  and leg be much cut and bruise by so do and that he continue some time at that  house in a very distract condition till he return to Mr hickman from whence on  the that of February he get away again and go to the house of neptune blood  and stay there till the that during which time he complain of all the symptom  which usual attend his madness and particular of a disorder in his head and  that there be quicksilver in his head and attempt between the that and that of  February to run away Barelegged from the house of neptune blood and that his  behaviour there make such a impression on the wife of neptune blood that she  brown er p do not think herself safe in the house with he during her husband  absence front home it likewise appear in evidence that on the that of February  the lunatic go to the appellant house and stay there till the that but not one  of the appellant family or servant who be about the lunatic during that time  be examine by the appellant nor do the appellant attempt to prove any one  instance of sanity during all that time except the bargain of the that of  February it be also prove that Thomas blood continue in this distract  condition except with short interval of sense till the commission of lunacy  issue against he and that when his frenzy be upon he he be sometime melancholy  at other time outrageous and always at the time of his frenzy regardless of  his property and capable of be impose upon and particular that he offer to  give a apothecary a farm of considerable value to cure he of a venereal  disorder which he have contract the witness to the assignment be Thomas blood  of Tiremackbran and Dennis Kerrin a ale seller in the district of which the  appellant be gauger but the appellant do not think fit to examine Thomas blood  of Tiremackbran though he draw the assignment and receipt and though as the  appellant allege he brown receive pound of the purchase money upon note  endorse to he by the lunatic the appellant however examine one mary blood who  say that she be satisfy Thomas blood when he perfect the deed be a man of  sense and that he appear to her to have the use of his reason but the same  witness be cross examine own that he be call mad tom blood and have commit  several outrage and that his mother and family quit their habitation at  Bohersallagh and go to live at Carosin occasion by his misbehaviour and that  they continue to live at Carosin two month for that reason and admit that on  the day the deed be perfect he complain his head be very bad a symptom which  by the concur testimony of many witness of undoubted credit never fail to  attend his fit of madness the other witness to the deed Dennis Kerrin be  produce by the appellant to one interrogatory only to prove the deed and the  appellant do not think fit to examine he touch Thomas blood be condition at  the perfection of the deed but this witness be cross examine own that Thomas  then complain of a disorder in his head which the witness believe proceed from  his old disorder or madness and he also believe that if he have not be  disorder he will not have sell his land to the appellant or any body else in  the manner he do he say that at time on the day of perfect the deed of  assignation Thomas appear to be hippish by hang down his head and sit in a  melancholy posture from which the witness collect he be not right in his sense  and at the house of neptune blood the very day of the execution of the  assignation the witness call the say neptune aside and tell he that Thomas be  mad and desire he not to give up to he another lease of Thomas which be in his  custody for that if he do he will dispose of it the appellant examine several  witness to prove Thomas blood be sanity from to who be person that only know  he as a common acquaintance or have be in his company occasional and for some  short time only and many of they who be most conversant with he on their cross  examination own that from about Christmas he have be mad by interval and be  know and general esteem to have be so and have commit many outrage on his near  relation and other and that he have be put under restraint but say he be at  other time a man of understanding and prudence after the witness have be  examine and publication have pass in the cause in July Thomas blood the  lunatic die intestate and unmarried whereupon letter of administration of his  good and effect be grant to the respondent William blood his brother and to  the other respondent Ann Adam his sister after a will which have be set up in  favour of one Thomas Hickman have be set aside by the prerogative court brown  the respondent in Michaelmas term prefer their bill of revivor to which the  appellant appear and the time for answer be expire the cause be revive by  order and upon the d of may come on to be hear and the appellant have object  to the bill of revivor because his majesty attorney general be not make a  complainant the objection be overrule and the cause have take up six day in  hear the court upon the that of June pronounce their decree brown er p that  the assignment make by Thomas blood the lunatic to the appellant shall be set  aside and that the new lease date the that of July take by the appellant shall  be in trust for the respondent as administrator of the say Thomas blood and  shall be deposit with the chief remembrancer or his deputy and that it shall  be refer to the officer to take a account of what have be pay by the defendant  to Thomas blood or his order on account of the assignment or to the archbishop  of Tuam for arrear of rend on the lease assign by the say Thomas blood to the  appellant or as a fine or fine for renewal of the lease and that the appellant  shall account with the respondent for what he have make or may have make  without his wilful default of the land in the say lease from the time he come  into possession of the lease and the consideration of all other matter be  reserve till after the report from this decree the present appeal be bring and  on the appellant behalf it be say to appear d rider W Murray by the deposition  of a great many witness examine in the cause and particular the archbishop of  Tuam that the say Thomas blood be not a lunatic at the time of his execute the  assignment to the appellant or at any time before but that on the contrary he  have the full use of his reason and understanding that he general manage and  transact all his own affair write several letter which appear to be very  sensible give receipt execute and witness several deed and make several  bargain and grant lease and that his own relation be so well satisfy of his  sanity that they take lease from he which they will not have do have they  imagine he to be a lunatic that several of the witness who have attempt to  prove blood be insanity speak only as to hearsay other give such improbable  account that very little regard ought to be pay to their testimony and as to  those who speak in the most positive manner it be remarkable that the  extravagant action which they give a account of may be the effect of  immoderate drink which blood be sometime addict to and which he fall into from  some unhappy difference which subsist between his mother and he about the will  and effect of his father and the witness who speak in the strong manner in  favour of the respondent acknowledge that blood often speak and act as  rational and sensible as any other person whatsoever can do that it be evident  from the proof take in the cause that the appellant do not purchase blood be  brown interest in the land in a hasty manner but at his own press instance and  request and with the privity and approbation of neptune blood his uncle who  assure the appellant that Thomas blood be determine to part with the lease and  to give the appellant the preference of it so that Thomas proceed in the sale  in a deliberate manner and the appellant be so far from take any advantage of  he that Thomas blood of Tiremackbran and mary blood who be both of they his  first cousin be present at the time of execute the assignment and blood of  Tiremackbran be not only a subscribe witness to the execution of it but actual  write it and that most of it be dictate by blood the pretend lunatic which he  can not have do have he be at that time out of his sense with regard to the  value of the land it appear that at the time of the assignment they be hold by  lease for the residue of a term which do not expire till ladyday at the yearly  rend of pound that after the determination of that lease the appellant let the  land for one year end at ladyday at the rend of pound and after that year he  let the same for year at the yearly rend of pound which be prove by several  witness to be the full value so that the pound give by the appellant for the  purchase there be only year and a half of the term to come be a full and  adequate consideration and it be observable that blood himself give but a  little while before only pound for the purchase of the whole term of year that  the respondent have put their case single upon the point of blood be insanity  and that he be a lunatic at the time of the assignment and consequent  incapable of execute any deed have make the question a mere legal question  which a court of equity ought not to have determine without a trial at law and  it be apprehend that no instance can be find where a court of equity have make  a decree upon the foundation of absolute insanity without such a trial it be  therefore hope that the decree will be reverse and the respondent bill dismiss  with cost on the other side it be contend I brown t clarke that the ground and  foundation of the relief pray by the original bill be the insanity of Thomas  blood at the time of his execute the assignment of the lease and the undue  advantage and brown er p measure which the appellant take and make use of in  obtain such assignment and that the insanity of Thomas and the imposition on  the part of the appellant be prove and make evident beyond a doubt as well by  the positive testimony of witness and other proof in the cause as by the  circumstance of the case and the fact admit and even state by the appellant  himself that the insanity of Thomas be prove by a multitude of witness of  undoubted credit to have have its existence in and from that time to have  gradual increase with very short lucid interval sometime exert itself in the  most outrageous act of violence and at other time in a deep melancholy and one  brown particular frailty always accompany he during his disorder of mind  namely that he be dispose to give away or part with his estate for a trifle  and will be even press and importunate with his friend and acquaintance to  accept of his property that the insane state of mind which Thomas labour under  on the day of execute the assignment be prove in the cause by convince  evidence and confirm by the cross examination of one of the appellant own  witness who attest the deed that the imposition and unfairness on the  appellant part be manifest not only by the undue method of obtain the  assignment and the inadequateness of the consideration as mention in the deed  itself but by the appellant defect in prove the payment even of that  consideration and by his not pretend to have pay the intestate at the time of  execute the deed any more than pound S beside the appellant own consciousness  of Thomas unfortunate state of mind at the time of his execute the assignment  be so very remarkable that of the two witness who attest the deed he have  venture only to examine one and even that one witness be examine only to the  execution of the deed as a exhibit and be not ask a single question as to  Thomas condition of mind when the deed be execute though that be one of the  principal fact in controversy that under these circumstance the direct a issue  to try whether the intestate be sane or not at the time of execute the deed  will have be entire unnecessary and vain the appellant not have be conclude by  the find of the inquisition but have have a proper opportunity of prove Thomas  sanity and have instead thereof full prove his insanity and there be still the  less reason to expect any far fruit or satisfaction from such a issue as the  intestate have die pen this controversy though after the proof be take and  publish it be therefore hope that the decree will be affirm and the appeal  dismiss with exemplary cost accord after hear counsel on this appeal it be  order and adjudge that the same shall be dismiss and the decree therein  complain of affirm and it be further order that the appellant shall pay to the  respondent pound for their cost in respect of the say appeal jour vol p