Manning v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Ales. B. Clitiierall. Trespass quare clausum fregit by Pierce Manning against Robert Johnson, to recover two town lots in Livingston, together with damages for their detention.
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Ales. B. Clitiierall. Trespass quare clausum fregit by Pierce Manning against Robert Johnson, to recover two town lots in Livingston, together with damages for their detention. “ On the trial of the cause,” as the bill of exceptions states, “ it was proved that the plaintiff, being the owner of the premises sued for, and an orphan, sold said promises to the defendant, and convoyed the same to him by deed, with warranty of *title, in the usual form, which deed recited, the consideration to.be nine hundred dollars, received by…
1Opinion of the CourtChilton, C. J.
—It is now the settled doctrine, that the deed of an infant is not void, but voidable only.— Reeves’ Dom. Rel., p. 250, et seq.; Zouch v. Parsons, 3 Burr. 1794; Elliott v. Horn, 10 Ala. 348-54; Weaver v. Jones, 24 ib. 420.
Ordinarily, it is the privilege of an infant to rescind his contract at pleasure ; and this, without regard to whether such contract was a fair one or not. This general rule is subject to certain exceptions ; but these are not involved in the case before us, unless his failure to return the purchase money, which he has received in consideration of the sale and conveyance of…
2Cases cited1 opinion
- Elliott v. HornSupreme Court of Alabama · 1846
3Cited by13 opinions
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Brantley v. WolfMississippi Supreme Court · 1882
- Price v. WinterSupreme Court of Florida · 1875
- Buchanan v. HubbardIndiana Supreme Court · 1889
- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
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