Donnelly

Appeal from a judgment for the plaintiff and from an order denying the defendants’ motion for a new trial. The plaintiff is the daughter and sole heir of Patrick Kean, and brings this suit to set aside, as fraudulently obtained, a deed made by her father to the defendant—of date November 15, 1897. The land conveyed was an undivided half of certain mines owned by the former, and, it is found, was of the value of ten thousand dollars. The material questions in the ease are presented by the second finding of the court, which is-as follows:—

Hence, rearranging the order of the findings, and stating merely their effect, the case presented may be briefly stated in four propositions, to wit: 1. For five years before the execution of the deed Kean had been an habitual drunkard to an extent seriously to impair his mind, and such as “to make him an easy prey to the arts and schemes” of defendants or other designing people; 2. He was in such a condition of drunkenness when he made the deed “as to render him unfit to transact business, and entirely incapable of realizing and understanding or attending to the said transaction”; 3. The deed was without consideration; and 4. It was procured by…