Walker v. Goodlett
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; Appellant, being under the legal- age at the time of signing the deed, had the right to disaffirm it after arriving at full age. 90 Ark. 851; 44 Ark. 153; 21 Ark. 294; 38 Ark. 278; '62 Ark. 316; 85 Ark. 556; 77 Ark. 35; 36 111. 376; 74 Ind. 115; 116 Ky. 92; 13 Mass. 371, etc. An infant has not the legal capacity to irrevocably alienate his property. 34-Ala. 150; 36 Am. St. Rep. 606; 155 N. Y. 535; 82 Am.
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Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; Appellant, being under the legal- age at the time of signing the deed, had the right to disaffirm it after arriving at full age. 90 Ark. 851; 44 Ark. 153; 21 Ark. 294; 38 Ark. 278; '62 Ark. 316; 85 Ark. 556; 77 Ark. 35; 36 111. 376; 74 Ind. 115; 116 Ky. 92; 13 Mass. 371, etc. An infant has not the legal capacity to irrevocably alienate his property. 34-Ala. 150; 36 Am. St. Rep. 606; 155 N. Y. 535; 82 Am. St. Rep. 103. He may disaffirm, even against a subsequent bona fide purchaser from the grantee or vendee. 76 Am. Dec. 209;…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Dan Walker, disaffirmed a deed of conveyance which he alleges was executed by him to the defendant, J. E. Goodlett while he was under twenty-one years of age, and he instituted this action to cancel said conveyance.
The defendant denied in his answer that the plaintiff was under twenty-one years of age when he executed the deed, and this presented the only issue which the chancellor was called on by the pleadings to decide.
The deed was executed on December 28,1908, and plaintiff alleged that he was bom on September 2, 1888, which, if true, made him twenty years and about three…
2Cases cited1 opinion
- Cooper v. StateSupreme Court of Arkansas · 1881
3Cited by1 opinion
- O'Donniley v. KinleyMissouri Court of Appeals · 1926