Trapnall's adx. v. State Bank
Supreme Court of Arkansas
Appeal from the Circuit Court of Pulaski county in Chancery. That all the contracts of an infant are voidable, and not void. Bing, on Infancy 11 note 2; 2 Kents Com. 236; Story on Con. sec. 38; Reeves Bom. Rel. ¡¿51, and cases cited; 1 Am. Lead. Cas. 90 et seq., 104 etseq., and authorities cited; 3 Bac. Air. 546-7; Cro.
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Appeal from the Circuit Court of Pulaski county in Chancery. That all the contracts of an infant are voidable, and not void. Bing, on Infancy 11 note 2; 2 Kents Com. 236; Story on Con. sec. 38; Reeves Bom. Rel. ¡¿51, and cases cited; 1 Am. Lead. Cas. 90 et seq., 104 etseq., and authorities cited; 3 Bac. Air. 546-7; Cro. Jac. 465; 2 Tidd Pr. 436; 19 J. R. 422; Bing, on Infancy 27 n 2; Burr. 1794, 1808; 5 B. & Aid. 759. JThat a judgment rendered against an infant is not void, but wmly erroneous, and cannot be impeached collaterally. I Read. 'Gas. m-&?. 119, 120, 121, 122. * That the infant, or…
1Opinion of the CourtChief Justice English
On the 29th of September, 1848, Frederick W. Trapnall filed a bill for injunction, and to quiet title, etc!, against the Bank of the State, in the Pulaski Circuit Court, alleging in substance, as follows:
On the'22d November, 1843, Richard C. Byrd and wife, and William J. Byrd and wife, executed a mortgage to the Bank, with power of sale, on lots 1, 2, 3, 4, 5 and 6, in block 2, in the city of Little Rock, East of the Quapaw line, to secure the payment of a note for $13,375, which the Byrds had made to the Bank, on the same day, due at twelve months, subject to renewal.
On the 3d of March,…
2Cases cited4 opinions
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
- Blanchard v. ColburnMassachusetts Supreme Judicial Court · 1820
- Allison v. TaylorCourt of Appeals of Kentucky · 1838
- Huntington v. SmithSupreme Court of Connecticut · 1822
3Cited by6 opinions
- Balbridge v. SmithSupreme Court of Oklahoma · 1919
- Davie v. PadgettSupreme Court of Arkansas · 1915
- McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
- Morris & Co. v. BarkerSupreme Court of Alabama · 1886
- Evans v. WilliamsSupreme Court of Arkansas · 1916
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