Cole v. Pennoyer
Illinois Supreme Court
Cole commenced his action in ejectment to recover the west half of the north-west quarter of section twenty-four, in township thirteen north, range eleven west. Pennoyer pleaded not guilty. A trial was had before Woodson, Judge, a jury being waived, and judgment entered for Pennoyer as of May term, 1852, of the Morgan Circuit Court. A bill of exceptions was taken, which shows that the land in question was entered by and patented to Cole when he was about eighteen years old.
Read the full summary
Cole commenced his action in ejectment to recover the west half of the north-west quarter of section twenty-four, in township thirteen north, range eleven west. Pennoyer pleaded not guilty. A trial was had before Woodson, Judge, a jury being waived, and judgment entered for Pennoyer as of May term, 1852, of the Morgan Circuit Court. A bill of exceptions was taken, which shows that the land in question was entered by and patented to Cole when he was about eighteen years old. His father, George Cole, was-in possession of the land, and his son, the plaintiff in error, resided with him in 1833.…
1Opinion of the Court
Catón, J.
The question as to what contracts by an infant are absolutely void, or only voidable, is one upon which there has been a very considerable diversity of opinion in different courts. All agree that the implied contracts of an infant for necessaries, are binding upon him, as in case of an adult, and all agree that the appointment of an attorney by an infant is absolutely void. The difficulty seems to have been in laying down a rule by which to determine satisfactorily what other contracts made by an infant are void, or merely voidable.
It was laid down by Lord Mansfield, in Zouch v.…
2Cases cited2 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Freeman v. BradfordSupreme Court of Alabama · 1837
3Cited by15 opinions
- Smith v. . RyanNew York Court of Appeals · 1908
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Armitage v. WidoeMichigan Supreme Court · 1877
- Sayles v. ChristieIllinois Supreme Court · 1900
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
10 more not listed; retrieve them via the Exa API.