Stull v. Harris
Supreme Court of Arkansas
APPEAL from Crittenden Circuit Court in Chancery. W. H. Cate, Judge. Mrs. Mary A. Harris filed her complaint in equity against G. T. Stull, her brother-in-law, and John W. Harris, her husband, to cancel a deed executed by her and her husband in 1867, conveying to, Stull her interest in certain real estate. She charged that at the time of making the deed she was a feme covert and a minor.
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APPEAL from Crittenden Circuit Court in Chancery. W. H. Cate, Judge. Mrs. Mary A. Harris filed her complaint in equity against G. T. Stull, her brother-in-law, and John W. Harris, her husband, to cancel a deed executed by her and her husband in 1867, conveying to, Stull her interest in certain real estate. She charged that at the time of making the deed she was a feme covert and a minor. The answer of Stull denies that the plaintiff was a minor when the conveyance was executed and denies her right to disaffirm it after the lapse of so many years, during which he alleges that she knew he was…
1Opinion of the CourtCoCKRlLL, C. J.
Where there has been no act on the part of the quandam infant from which a ratification of the contract after his majority may be inferred, his right to avoid a conveyance of his lands on account of his minority is not lost until his right of entry is barred by the statute of limitations. Bozeman v. Browning, 31 Ark,, 364; Konntz v. Davis 34 Ib., 590. See Chandler v. Neighbors, 44 Ib., 479.
1. Infant: Conveyance of: Disaffirmance Coverture:
2. Same:Same. In the case of a minor who is also a married woman at the time the conveyance was executed, the right of disaffimance will exist as long as…
2Cases cited4 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- Wilson v. BranchSupreme Court of Virginia · 1883
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Youse v. NorcomsSupreme Court of Missouri · 1849
3Cited by14 opinions
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Blakemore v. JohnsonSupreme Court of Oklahoma · 1909
- Cobb v. KillingsworthSupreme Court of Oklahoma · 1920
- Stull v. GrahamSupreme Court of Arkansas · 1895
- Arkansas Reo Motor Car Co. v. GoodlettSupreme Court of Arkansas · 1924
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