Cummings v. Powell
Texas Supreme Court
Error from Walker. The plaintiffs in error, viz, Elem and James Cum-min”--!, being minors, sued by their guardian for the undivided two-thirds of a half league of land, alleging that they had been with their adult brother, William Cummings, joint owners of the halt league, and that in the year 1816 the defendant James Powell had fraudulently procured them to join with their said brother in a sale of the said laud to the said defendant, and that the latter had since sold…
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Error from Walker. The plaintiffs in error, viz, Elem and James Cum-min”--!, being minors, sued by their guardian for the undivided two-thirds of a half league of land, alleging that they had been with their adult brother, William Cummings, joint owners of the halt league, and that in the year 1816 the defendant James Powell had fraudulently procured them to join with their said brother in a sale of the said laud to the said defendant, and that the latter had since sold portions of the same to the other defendants who were holding, using, and cultivating the same. They prayed that their deed…
1Opinion of the Court
IlBBIPlllLTi, Oil. J.
The ground upon which the demurrer was supported below, and which has been urged, is that the deed made by the minors was not void, but voidable, and could be avoided by them only after attaining majority.
We will consider, in (he iirst place, whether the deed be void or voidable. It is important to ascertain the exact signification of these terms, as upon that depends the character of the act, and the rights, obligations, and liabilities of parties and of strangers to the transaction. A void act, as defined in the latter cases and by approved authorities, is one which is…
2Cases cited3 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Bool v. MixNew York Supreme Court · 1837
- Oliver v. HoudletMassachusetts Supreme Judicial Court · 1816
3Cited by7 opinions
- Williams v. SapiehaTexas Supreme Court · 1901
- Vogelsang v. NullTexas Supreme Court · 1887
- Peck v. CainCourt of Appeals of Texas · 1901
- Graves v. HickmanTexas Supreme Court · 1883
- Wilson v. AlexanderCourt of Appeals of Texas · 1932
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