Clark v. Tate
Montana Supreme Court
Appeal from District Court, Gallatin County. The contract of an infant for the sale of lands, when executed by both parties to the transaction, is voidable on the part of the infant upon reaching his majority, and is not void. Lessee of Tucker & Thompson v. More-land, 10 Pet. 57; Eagle Fire Ins. Co. v. Lent, 1 Edw.
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Appeal from District Court, Gallatin County. The contract of an infant for the sale of lands, when executed by both parties to the transaction, is voidable on the part of the infant upon reaching his majority, and is not void. Lessee of Tucker & Thompson v. More-land, 10 Pet. 57; Eagle Fire Ins. Co. v. Lent, 1 Edw. Ch. 301; 2 Kent’s Com. 31. The contract appears in this case to have been fully executed on the part of both plaintiff and defendants; and were the transactions between adults, a court of equity would enforce the execution of the deed by plaintiff. 3 Washburn on Beal Property, 247;…
1Opinion of the Court
The opinion states the case.
McConnell, C. J.
This is an action of ejectment. There was judgment upon the pleadings for the plaintiff, and the case is brought here for alleged errors of law apparent upon -the judgment roll. The appellants disclose in their amended answer the fact that they purchased the land in controversy of the plaintiff when he was a minor, and they allege that they paid him the price agreed upon, took a written obligation from him, in which he pledges his honor that he will make them a deed when he becomes of age; and also took a written obligation from C. L. Clark, the…
2Cases cited4 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Walsh v. YoungMassachusetts Supreme Judicial Court · 1872
- Womack v. WomackTexas Supreme Court · 1852
- Bailey v. BarnbergerCourt of Appeals of Kentucky · 1850
3Cited by3 opinions
- Petit v. ListonOregon Supreme Court · 1920
- Bluejacket v. EwertCourt of Appeals for the Eighth Circuit · 1920
- Coe v. MoonIllinois Supreme Court · 1913