Davis v. Andrews
Supreme Court of Vermont
Ejectment. The plaintiff, O. W. Davis, owned the land in question until the 5th d ly of January, 1857, when he and his wife, who was then, as well as at the commencement of this suit, a minor, joined in a deed thereof to the defendant.
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Ejectment. The plaintiff, O. W. Davis, owned the land in question until the 5th d ly of January, 1857, when he and his wife, who was then, as well as at the commencement of this suit, a minor, joined in a deed thereof to the defendant. The plaintiffs occupied the premises in question up to October, 1856, when the husband leased them to one Putnam, for five years from the 1st of April following, and they removed to another dwelling, a mile and a half distant, and did not afterward personally occupy the premises so leased. The lease to Putnam contained a proviso, that if the lessor sold the…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The plaintiffs claim that, inasmuch as the female plaintiff, Mrs. Davis, was a minor at the date of the conveyance from herself and husband to the defendant, the deed, as to her, is wholly void, or at least voidable at her election, and that therefore the rights of the parties in the homestead remain the same as if she had not joined in the conveyance at all. Whether her minority produces any such result, where the legal title to the land is wholly in the husband, and she is only required to join in the deed, in order to release or bar, her…
2Cases cited2 opinions
- Howe v. AdamsSupreme Court of Vermont · 1856
- True v. Estate of MorrillSupreme Court of Vermont · 1856
3Cited by19 opinions
- McClary v. BixbySupreme Court of Vermont · 1863
- Estate of Helen M. Johnson, Deceased, Lolita McNeill Muhm, Independent v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
- Campbell v. AdairMississippi Supreme Court · 1871
- Fyffe v. BeersSupreme Court of Iowa · 1864
- Martin v. HarringtonSupreme Court of Vermont · 1901
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