Hogan v. . Utter
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at tbe February Term, 1918, of Dueham. Tbis is a petition, filed in a proceeding to sell land for partition, 'to determine tbe rights- of tbe parties to a part of tbe fund derived from tbe sale. J. 0. Hogan was formerly tbe owner of tbe land, and be died in September, 1895, leaving a will by wbicb be devised tbe land to bis wife, Francis J. Hogan, for life, and tben to bis children.
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Appeal by defendant from Devin, J., at tbe February Term, 1918, of Dueham. Tbis is a petition, filed in a proceeding to sell land for partition, 'to determine tbe rights- of tbe parties to a part of tbe fund derived from tbe sale. J. 0. Hogan was formerly tbe owner of tbe land, and be died in September, 1895, leaving a will by wbicb be devised tbe land to bis wife, Francis J. Hogan, for life, and tben to bis children. Francis J. Hogan died on 12 November, 1916. E. Frank Hogan was entitled to one-tbird of tbe land under tbe will of J. C. Hogan, and on 11 February, 1907, when be was 20 years…
1Opinion of the CourtAllen, J.
R. Frank Hogan was 20 years and 2 months old at the time of the execution of his mortgage and 21 years and 8 months old when the land was sold under the power in the mortgage on 18 July, 1908, and he did no act to disaffirm the mortgage or the sale until 1917, eleven years after the sale.
The deed of an infant is voidable, not void, and if he does not wish to be bound he must repudiate it within a -reasonable time after becoming of age, and, under our decisions, this period is fixed at three years, and upon the facts admitted, the claimant, R. Frank Hogan, has waited too long and will not be…
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