Mustard v. Wohlford's heirs
Supreme Court of Virginia
Alexander Nisewander, being entitled to an undivided fifth of a tract of land, subject to his mother’s life estate in one-third thereof, contracted, during his infancy, to sell his said interest to John Mustard for the sum of eight hundred dollars; and on the same day, to wit, the 16th day of January 1852, executed a title bond in the penalty of one thousand six hundred dollars, conditioned to make a good deed with general warranty to the purchaser for the said interest on…
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Alexander Nisewander, being entitled to an undivided fifth of a tract of land, subject to his mother’s life estate in one-third thereof, contracted, during his infancy, to sell his said interest to John Mustard for the sum of eight hundred dollars; and on the same day, to wit, the 16th day of January 1852, executed a title bond in the penalty of one thousand six hundred dollars, conditioned to make a good deed with general warranty to the purchaser for the said interest on the 3d of November 1853, that being the day on which the vendor would attain the age of twenty-one years. Three hundred…
1Opinion of the CourtMoncure, J.
The court is of opinion, that the contract of the 16th of January 1852, between Nisewander and the appellant, though made when the former was under age, and when that fact was known to the appellant, was not a void contract, but only voidable, and subject to be affirmed or disaffirmed by the former, after his arrival at age. “ The tendency of the modern decisions (says Chancellor Kent) is in favor of the reasonableness and policy of a very liberal extension of the rule, that the acts and contracts of infants should be deemed voidable only, and subject to their election, when they become of…
2Cases cited3 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Craig v. SebrellSupreme Court of Virginia · 1852
- Carrington v. GoddinSupreme Court of Virginia · 1857
3Cited by25 opinions
- MacGreal v. TaylorSupreme Court of the United States · 1897
- Guffy v. HukillWest Virginia Supreme Court · 1890
- Rice v. BoyerIndiana Supreme Court · 1886
- Gillespie v. BaileyWest Virginia Supreme Court · 1877
- Wilson v. BranchSupreme Court of Virginia · 1883
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