TMI Blog1877 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty without fully understanding the nature of the transaction, and without adequate consideration. Mr. Robert John Jackson was the adopted son of a Mr. Robert Gwynne Jackson (who will be called Mr. Gwynne Jackson), who appears to have been of European extraction. The date of his adoption is one of the questions in the cause, the plaintiff alleging the adoption to have been about the year 1855, and the defendants, as far back as 1850. Mr. Gwynne Jackson appears to have resided a great number of years in the neighbourhood, and to have been well acquainted with coal mining. He in 1860 was the manager of the coal mines of Messrs. Apcar and Company, who, it may be observed by the way, entered into an agreement with Jackson the plaintiff to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of all his property, if that hibba is to be taken as intended by him to be then operative. 5. The deeds, the subject of this suit, were executed in 1870 and 1871, and the last in 1872. These deeds may be divided into two classes. One class is that in which the plaintiff confirms the darpatni and sepatni rights, which were dealt with by the deed bearing date the 20th September, 1860; the other class of deeds, which bear date in 1871, and one of them as late as June, 1872, are deeds of sale, whereby he transfers all the superior interest which he had, together with the minerals which had been reserved in the former deeds. 6. With respect to one of the main questions in this case, which has been already indicated, namely, whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xercise undue influence over him. Upon this question their Lordships also have come to the same conclusion as the High Court. There is indeed some evidence that Haradhun Misser, the father of Juggeswar Misser, and the two Roy defendants, were at times employed in collieries in which Gwynne Jackson had a share; and there is also some evidence of the latter having acted as his gomashtas with respect to the property comprised in the deed of 1860, but the decision which their Lordships have come to, concurring with the High Court, on the subject of this deed, in a great measure disposes of this class of evidence. Their Lordships see no reliable evidence on the record that at the time of the execution of these documents by the plaintiff they wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equate consideration. My Lords, it is true that there is an equity which may be founded upon gross inadequacy of consideration, but it can only be where the inadequacy is such as to involve the conclusion that the party either did not understand what he was about, or was the victim of some imposition. 12. Their Lordships are unable to come to the conclusion that the evidence of inadequacy of price is such as to lead them to the conclusion that the plaintiff did not know what he was about, or was the victim of some imposition. It should be borne in mind that his father, Mr. Gwynne Jackson, was at hand, and their Lordships concur with the view of the High Court, that Mr. Gwynne Jackson, by the hibba of 1863, did not intend to denude him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransactions. 13. Independently, however, of this consideration, it cannot, their Lordships think, be said that the purchase-money was so grossly inadequate that its inadequacy amounts to proof of an imposition upon the plaintiff. It is true that there is some evidence, the value of which it is difficult precisely to estimate, that property with coal sold in the neighbourhood for some years' purchase greater than the number of years' purchase for which this property sold, which was with respect to a portion of it twelve years' purchase, and with respect to another portion of it ten years' purchase; and there is evidence, which perhaps is the strongest on this part of the case, that soon after the purchase by the defendan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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