Den Ex Dem. Hoyle v. Stowe
Supreme Court of North Carolina
Ejectment for a tract of land, tried at Mecklenburg, on the last Circuit, before his Honor Judge Saunders; when, the case appeared to be as follows.
Read the full summary
Ejectment for a tract of land, tried at Mecklenburg, on the last Circuit, before his Honor Judge Saunders; when, the case appeared to be as follows. Thomas Houston was seized in fee of the premises in. the declaration mentioned, under the will of his father, subject to a term therein given to the testator’s wife; and being so seized, conveyed the premises by deed of bargain and sale, to the lessor of the plaintiff, on the 19 th day of November, 1827. Prior to that time, the defendant entered into possession of the land, under a lease from the widow, and was thus possessed on the 10th day of…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the case as above, proceeded as follows: — The plaintiff’s objection to the evidence, and the first part of the instruction prayed by him, rest on the same position. It is, that the disability of infancy can be insisted on only by the infant himself,' or his privies in blood; and that a privy in estate cannot allege the infant’s deed to be void. It may be true, that the infant or his heir alone can disaffirm his deed. It is his privilege; and until he shall treat the deed as void, or act upon a right to the estate as if a deed did not exist, third persons…
2Cases cited2 opinions
- Jackson ex dem. Wallace v. CarpenterNew York Supreme Court · 1814
- Jackson ex dem. Brayton & Dunham v. BurchinNew York Supreme Court · 1817
3Cited by2 opinions
- Gaskins v. Allen.Supreme Court of North Carolina · 1905
- Houser v. . ReynoldsSuperior Court of North Carolina · 1795