Philpot v. Bingham
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Eugene B. Philpot, against Arthur Bingham, to recover an undivided half interest in a certain city lot in Montgomery; and was commenced on the 6th March, 1874. The defendant pleaded not guilty, and made a suggestion of adverse possession for three years, with the erection of valuable improvements.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Eugene B. Philpot, against Arthur Bingham, to recover an undivided half interest in a certain city lot in Montgomery; and was commenced on the 6th March, 1874. The defendant pleaded not guilty, and made a suggestion of adverse possession for three years, with the erection of valuable improvements. The lot in controversy, as was shown by the evidence adduced on the trial, belonged in fee to Mrs. Louisa A. Philpot, the mother of the plaintiff, who died in June, 1863, intestate, leaving…
1Opinion of the Court
STONE, J. —
Ever since the leading case of Zouch \v. Parsons, 3 Burr. 1794, there has been a growing disposition to treat almost all contracts made by infants as voidable rather than void. The principles of that decision have received a very steady and cheerful support on this side of the Atlantic. The declared rule is, that contracts of an infant, causpd by his necessities, or manifestly for his advantage, are valid and binding, while those manifestly to his hurt are void. Contracts falling between these classes are voidable. Eelaxation of ancient rigor has had the effect of placing many…
2Cases cited13 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Fonda v. Van HorneNew York Supreme Court · 1836
- Elliott v. HornSupreme Court of Alabama · 1846
- Weaver v. JonesSupreme Court of Alabama · 1854
- R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
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3Cited by10 opinions
- Williams v. SapiehaTexas Supreme Court · 1901
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Glass v. GlassSupreme Court of Alabama · 1884
- Farr v. PerkinsSupreme Court of Alabama · 1911
- Sims v. GunterSupreme Court of Alabama · 1918
5 more not listed; retrieve them via the Exa API.