Legal Opinion

Huth v. Carondelet Marine Railway & Dock Co.

Supreme Court of Missouri

Decided March 15, 1874PublishedCited by 11 opinions

Appeal from St. Louis Circuit Court. I. It was too late to disaffirm more than three years after majority. The disaffirmance must take place within a reasonable time. (Doe vs. Smith, 3 T. R., 436; 3 Bac. Abr., 145 ; 3 Burr., 1719; Richardson vs. Bright, 9 Ver., 368; Bigelow vs. Hening, 3 Ver., 353; Wallace vs. Lewis, 4 Harr. Mich., 75; Hastings vs. Dollarhide, 24 Cal., 245 ; Jenkins vs. Jenkins, 12 Iowa, 198; Blenkensop vs. Stout, 25 111., 132.) II.

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Appeal from St. Louis Circuit Court. I. It was too late to disaffirm more than three years after majority. The disaffirmance must take place within a reasonable time. (Doe vs. Smith, 3 T. R., 436; 3 Bac. Abr., 145 ; 3 Burr., 1719; Richardson vs. Bright, 9 Ver., 368; Bigelow vs. Hening, 3 Ver., 353; Wallace vs. Lewis, 4 Harr. Mich., 75; Hastings vs. Dollarhide, 24 Cal., 245 ; Jenkins vs. Jenkins, 12 Iowa, 198; Blenkensop vs. Stout, 25 111., 132.) II. The voidable contract of an infant will be ratified by tacit consent. (Law vs. Lovejoy, 8 Me., 405 ; Kline vs. Beebe, 6 Conn., 506; Robinson vs.…

1Opinion of the CourtNapton, Judge

This suit is to recover dower in a leasehold of 14.99-100 acres.

Charles Huth, the husband of plaintiff, died in 1850, having in possession and claiming title to a leasehold for 99 years from the inhabitants of Carondelet, granted to one Chavtrand in 1843, and held by said Huth, through convey*204anees from Chartrand. This title was sold by Huth’s administrator to the persons under whom defendant claims. The defendant, however, to defeat the claim of dower, set up a title adverse to Huth’s, and insists that Huth had no title at his death, and that the deed from his administrator conveyed none, —…

2Cases cited7 opinions

  1. Peterson v. LaikSupreme Court of Missouri · 1857
  2. Kerr v. BellSupreme Court of Missouri · 1869
  3. Baker v. KennettSupreme Court of Missouri · 1873
  4. Highley v. BarronSupreme Court of Missouri · 1871
  5. Clamorgan v. LaneSupreme Court of Missouri · 1845

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Funkhouser v. LaySupreme Court of Missouri · 1883
  2. Linville v. GreerSupreme Court of Missouri · 1901
  3. Mantz v. MaguireMissouri Court of Appeals · 1892
  4. Singer Manufacturing Co. v. LambSupreme Court of Missouri · 1883
  5. Shipley v. BunnSupreme Court of Missouri · 1894

6 more not listed; retrieve them via the Exa API.

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