Simmons v. Briggs

THE COURT.

In their petition for a rehearing, respondents urge “the fact that Gustavus S. Miller was a minor when the documents in question were executed precludes rescission thereof.” He was over twenty-five years of age when the fourth amended complaint was filed. It is not perceived, therefore, that he stands in any different position than would any other defendant who had innocently received a gift of property procured through the fraud of a third person. The question is whether an innocent recipient of a gift procured to be made through another’s fraud can set up his innocence as a…