Doe on the Demise of McVormic v. Leggett
Supreme Court of North Carolina
Action of ejectment, tried before Saunders, J., at the Spring Term, 1861,, of Robeson Superior Court. The following case agreed was made out by the counsel for the respective parties and signed by them. .The lessor for the plaintiff showed first a deed from Gilbert W. McKay to himself for the land in controversynext a deed from King, sheriff of Robeson, to Sherrod F. Leggett, upon a judgment and execution against John .A.
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Action of ejectment, tried before Saunders, J., at the Spring Term, 1861,, of Robeson Superior Court. The following case agreed was made out by the counsel for the respective parties and signed by them. .The lessor for the plaintiff showed first a deed from Gilbert W. McKay to himself for the land in controversynext a deed from King, sheriff of Robeson, to Sherrod F. Leggett, upon a judgment and execution against John .A. Rowland and Gilbert W. McKay for the same land, the said McKay being the same who first sold to the lessor of the plaintiff. Plaintiff then poved that Robeson Leggett went…
1Opinion of the CourtPearson, C. J.
The statement of the case made up and signed by the counsel for the parties, is not as clear as it should be, but from it, and the admissions on the argument, these points are presented.
1. Can an infant, who has executed a deed for land, make void the deed by any act while he is under age ? for instance, by bringing an action of ejectment before he arrives at age, against the bargainee ?
This Court considers that the law is settled. While under age, he cannot aifirm or disaffirm, confirm or repudiate any ■act or deed; for the obvious reason, that he is supposed to have the same want of…
2Cited by4 opinions
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- Howell v. . BarnesSupreme Court of North Carolina · 1870
- Murray v. . ShanklinSupreme Court of North Carolina · 1838