Jenkins v. Jenkins
Supreme Court of Iowa
Appeal from Dubuque Disiriet Court. The petition alleges that on the 27th day of January, 1858, the plaintiff and his brother, David Jenkins, who is one of the defendants, were seized in fee of certain real estate therein described as situated in the county of Dubuque; which it is alleged was worth the sum of $1,500; that at said time, and until the 5th day of January, 1860, the plaintiff was a minor; that on the 28th day of January, 1858, he, and the said David, united in…
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Appeal from Dubuque Disiriet Court. The petition alleges that on the 27th day of January, 1858, the plaintiff and his brother, David Jenkins, who is one of the defendants, were seized in fee of certain real estate therein described as situated in the county of Dubuque; which it is alleged was worth the sum of $1,500; that at said time, and until the 5th day of January, 1860, the plaintiff was a minor; that on the 28th day of January, 1858, he, and the said David, united in the execution of a deed conveying said real estate to the defendant Thompson; that the plaintiff has never received any…
1Opinion of the CourtWright, J.
The deed of real estate by an infant is voidable and not void. In the language of one of the cases, if founded on a valuable consideration, “ it is not a void act, but is a valid contract until regularly avoided.” (Doe v. Abernathy, 7 Blackf. 443; Tucker v. Moreland, 10 Pet. 58 ; Jackson v. Carpenter; 11 John. 539; 2 Kent Com. 236.
What acts, after attaining majority, are necessary to avoid or confirm (if any act is necessary for the latter,) a conveyance made during minority, is not well settled by the authorities. In some, it is held that there must be some positive and notorious act to…
2Cases cited4 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Jackson ex dem. Wallace v. CarpenterNew York Supreme Court · 1814
- Richardson v. BorightSupreme Court of Vermont · 1837
3Cited by23 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- Hensley v. Davidson Bros.Supreme Court of Iowa · 1907
- Brantley v. WolfMississippi Supreme Court · 1882
- Jones v. JonesSupreme Court of Iowa · 1877
- Wilson v. BranchSupreme Court of Virginia · 1883
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