Sims v. Everhardt
Supreme Court of the United States
This case shows that the complainant was married July 14, 1844,.to John B. Sims. She was then .a minor less than seventeen years old, having been, born Sept. 25} 1828. • Her father, April 3, 1845, conveyed to her in fee the tract of • land in controversy, and, May 28, 1847, she, joining with her husband, executed a deed therefor to Magdalena Everhardt. • The deed, subscribed by her and her husband in the presence of a magistrate, was acknowledged in due form, and the…
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This case shows that the complainant was married July 14, 1844,.to John B. Sims. She was then .a minor less than seventeen years old, having been, born Sept. 25} 1828. • Her father, April 3, 1845, conveyed to her in fee the tract of • land in controversy, and, May 28, 1847, she, joining with her husband, executed a deed therefor to Magdalena Everhardt. • The deed, subscribed by her and her husband in the presence of a magistrate, was acknowledged in due form, and the purchase-money paid. Mrs. Everhardt went into immediate' possession, paid a mortgage upon the property, paid taxes, continued…
1Opinion of the CourtJustice Strong
Assuming, as we think it must be assumed, and as it is certainly held in Indiana, that the deed "of Mrs. Sims, in which her husband joined, though made during her minority, was not void as against her, but only voidable, and hence that it was incumbent upon her to disaffirm it within a reasonable time after she came of age, the inquiry is still to be met, What was a-reasonable time under the circumstances of the case ? She gave notice of her disaffirmance almost immediately after she became dis-covert, — certainly within less than two months. This was, however, a. little more than twenty…
2Cases cited6 opinions
- Scranton v. StewartIndiana Supreme Court · 1875
- Irvine v. IrvineSupreme Court of the United States · 1870
- Jenkins v. JenkinsSupreme Court of Iowa · 1861
- Law v. LongIndiana Supreme Court · 1873
- Lessee of Mercer v. SeldenSupreme Court of the United States · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
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- MacGreal v. TaylorSupreme Court of the United States · 1897
- Englebert v. TroxellNebraska Supreme Court · 1894
- F. B. Collins Inv. Co. of Clinton v. BeardSupreme Court of Oklahoma · 1915
- Hitz v. JenksSupreme Court of the United States · 1887
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