RALSTON v. TURPIN. 7
The raising of said darn said additional three feet, and the land
damages connected therewith, cost the plaintiff at least the sum of ‘
$10,000. Since December 22, 1865, the value of said mill has been
diminishing. Six hundred dollars would have been a large compen-
sation for the permanent right to flow back upon said wheel to the
height of three feet in December, 1865. Mr. Ballard oifered the de-
fendants that sum at one time after their purchase.
The findings of fact in regard to the knowledge by the grantees of
Albert Back of his agreement with the plaintiff make it impossible '
to order a decree for the conveyance of the easement to the plaintiff.
The position of the case is that the grantees, in the belief that the
A plaintiff desired to buy the mill site for the purpose of having the
right to flow a part of it, bought the premises to prevent the destruc-
tion or disuse of the property as a saw-mill, and immediately per-
mitted the plaintiff to flow, for the purpose of ascertaining what the
damage would be, with the promise to sell the right for its value, and
continued the license without any serious objection for nearly 15
years, but never came to an agreement with the plaintiff. Until De-
cember 1, 1880, the plaintiff was a licensee.
' The bill will be dismissed, with so much of the taxable costs as
consists of cash disbursements for printers’ and examiners’ fees.
I V
Rsnsron v. Tu1u>1u.‘
(0~h·cuit Court, S. D. Georgia, W. D. --+-, 1885.)
1. Gmr nv A Wmuxrmr Youne Man, or Fasr Hanrrs, ro AN Aemxvr, U1·1rm.1> AB
Acamsr Hrs Wmu WH0 was His Forman Mrsranss. _
T. was an intimate friend of R/s family, and was R..’s guardian. R. had ut-
most confidence in and friendship for him. When R. became of age, T. set-
tled his accounts as guardian, but R. employed the firm of which T. was a
member as his real-estate agents. T. thus had the active management of most
of his property. R, made two wills in favor of T.’s children. He afterwards
married the complainant, whom he had long known asa prostitute. After the
marriage, upon T.’s suggestion whether lt. desired to carry out his former pur-
pose, R. made a gift of property, amounting to $40,000, about half of his estate,
to T., as trustee of his children, reserving the income for life. Mrs. R. tiled her
bill, after R.’s death, to set aside the gift, on account of undue influence exer-
cised by T. over R., and of R.’s mental weakness caused by his dissipation. The
gift was upheld, and the bill dismissed. »
2. Mnnrar. Wssmmss Amsme rmou Iuroxrosrrou Iuvanmyrns Conveyance,
wmmv.
‘ Where there is great weakness of mind in a person executing a voluntary
conveyance, arising from age, sickness, intoxication, or any other cause, though
not amounting to absolute disqualification, the transaction will be very closely
scrutinized, and a court of equity will, upon a proper and seasonablc applica-
tion, set the conveyance aside. ut where the evidence relied on to show such
*Reported by Walter B. Hill, Esq., of the Macon bar. »
See notes at end of case. V
» r—..» e