Eagan v. Scully
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Mary Eagan and others against Sarah M. Scully, as executor, etc., and others, in partition. Judgment for plaintiffs, and defendants appeal. In May, 1867, Patrick Scully conveyed his house and lot to Mary Margaret and Catherine Scully, his daughters, for the express consideration of one dollar. Both such daughters were at that time infants.
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Appeal from trial term. Action by Mary Eagan and others against Sarah M. Scully, as executor, etc., and others, in partition. Judgment for plaintiffs, and defendants appeal. In May, 1867, Patrick Scully conveyed his house and lot to Mary Margaret and Catherine Scully, his daughters, for the express consideration of one dollar. Both such daughters were at that time infants. On November 9, 1880, the said daughters reconveyed said premises to their father for the express consideration of $625; and thereafter, on the 10th of May, 1881, Patrick Scully married tlie defendant Sarah M. Scully.…
1Opinion of the CourtHerrick, J.
There was sufficient evidence to sustain the finding of the jury that Mary Margaret Scully was a minor at the time she executed the conveyance to her father, so that the only questions for us to consider are whether such conveyance was ratified after the minor attained her majority, and whether such conveyance was disavowed, in due time.
It is a general rule that a convéyance by an infant is valid until it is, avoided by him after arriving at full age, and that he is entitled to exercise his right of avoidance at any time within tin-term of the statute of limitations after Ms majority. It has…
2Cases cited4 opinions
- Green v. . GreenNew York Court of Appeals · 1877
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Voorhies v. VoorhiesNew York Supreme Court · 1857
- Foley v. Mutual Life Ins.New York Supreme Court · 1892
3Cited by3 opinions
- Blancato v. Feldspar Corp.Supreme Court of Connecticut · 1987
- Ford v. ClendeninNew York Supreme Court · 1911
- O'Rourke v. HallAppellate Division of the Supreme Court of the State of New York · 1899