Horace Gray

“ The plaintiff, without any fault of his, being unable to repay the consideration of the fraudulent transfer, equity will not require him to do so as a condition precedent to granting him relief, but will make due provision, in the final decree, for the repayment of that sum out of the property recovered. ”

“ The complaint in the present case is in the nature of a bill in equity against a mining corporation, a bank, and two individuals, alleging that, while the plaintiff was in such a state of intoxication as not to be in his right mind, or capable of transacting any business, or entering into any contract, the defendants, knowing his condition, fraudulently extorted from him, for the sum of $1,200, a transfer to one of those persons, for the benefit of the other and of the bank, of his interests, worth $80,000, in shares to that amount in the mining corporation ”