Bell v. Burkhalter
Supreme Court of Alabama
Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Judie Burkhalter and others against A. E. Bell to declare certain deeds Aroid and to cancel same as cloud upon title. From a decree overruling demurrers to the bill, defendant appeals. Paragraph 1 states the name, age, and residence of complainants and respondents.
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Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Judie Burkhalter and others against A. E. Bell to declare certain deeds Aroid and to cancel same as cloud upon title. From a decree overruling demurrers to the bill, defendant appeals. Paragraph 1 states the name, age, and residence of complainants and respondents. (2) Complainants are the children and heirs at law of Elvira Brown, Avho died previous to the filing of the bill; that said Elvira Brown owned during her life a large body or tract of land, Avhich is herein described; that during her lifetime, and Avhile…
1Opinion of the CourtAnderson, J.
“As a result of the voidable nature of an infant’s contracts, he has the right, upon arriving at his majority, to repudiate them; so, also, may he, when his minority ceases, ratify and confirm them; and this without any new considerations. — American Mortgage Co. v. Wright, 101 Ala. 658, 14 South. 399; Sharp v. Robertson, 76 Ala. 343; Shropshire v. Burns, 46 Ala. 108; West v. Penny, 16 Ala. 186; Thomasson v. Boyd, 13 Ala. 419; Jefford v. Ringgold, 6 Ala. 544. If the infant has, during minority, wasted or consumed the consideration which he received for his contract, he is not required, either…
2Cases cited13 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Englebert v. TroxellNebraska Supreme Court · 1894
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hines v. SeibelsSupreme Court of Alabama · 1920
- Commercial Credit Co. v. Ward & Son Auto Co.Supreme Court of Alabama · 1926
- Brasher v. GraysonSupreme Court of Alabama · 1928
- McCarty-greene Motor Co. v. McCluneySupreme Court of Alabama · 1929
- Jones v. SandlinSupreme Court of Alabama · 1920
9 more not listed; retrieve them via the Exa API.