Hunt

Murray, C. J., and Bryan, J., concurred.

The first assignment of error is the refusal to allow the defendant to cross examine the witness, Howard. This was cured by the subsequent cross-examination of the same witness.

Second, The refusal to permit the defendant to prove the insanity o( Weston. Weston was made a witness by the defendant, and stated that he was fully conscious, and recollected distinctly what he did, and was capable of doing business at the time of the sale. His introduction as a witness by the defendant, estops the latter from denying his sanity at that time, and the statement of the witness when in his senses in relation to his own condition at the time of the contract, ought to be conclusive. At any rate, it was no business of the defendant, provided the contract was fair, and the consideration sufficient.

Third, There was no error in refusing to let the defendant prove that the sale of the ranch to Meacham was fraudulent; There was no attempt to bring notice of the fraud to the plaintiff; but if that was done, it would be immaterial. The object was to show that, because the sale of the ranch was fraudulent, and the cattle remained on the ranch, that,…