Kell v. Cumby
West Virginia Supreme Court
1DissentFox, Judge
I cannot concur in the majority opinion in this case, for the reason that I think it opens the door for the dissipation of the property of infants. Believing that a court of equity should protect the estates of infants, I do not think it should subject their property to sale except for the limited situations where necessaries are furnished, preservation of property involved, or fraud practiced by infants who have reached the age of discretion, or for other torts.
I agree, of course, that an infant should not be used. as the medium by which a fraudulent parent, other close relative, or any…
2Cases cited5 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Headley v. HoopengarnerWest Virginia Supreme Court · 1906
- Saum v. CoffeltSupreme Court of Virginia · 1884
- Planing Mill Co. v. AldredgeWest Virginia Supreme Court · 1908
- Floyd v. PageSupreme Court of South Carolina · 1924