Hoffert v. Miller
Court of Appeals of Kentucky
Case 74 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. The deed of an infant is not void, and may be confirmed by acts in pais after arriving at full age. (5 Monroe, 351, Phillips v. Green; I J. J. M., 248, Breckinridge v. Ormsby; 11 Bush, 138, Kobinson v. Robinson; 7 Bush, 465, Davol v. Graves; 5 Bush, 490, Middleton v. Hoye; 8 B. M., 168, Meriweather v. Herran.) ] 2. The right to avoid a contract made during infancy must be exercised without unreasonable delay.
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Case 74 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. The deed of an infant is not void, and may be confirmed by acts in pais after arriving at full age. (5 Monroe, 351, Phillips v. Green; I J. J. M., 248, Breckinridge v. Ormsby; 11 Bush, 138, Kobinson v. Robinson; 7 Bush, 465, Davol v. Graves; 5 Bush, 490, Middleton v. Hoye; 8 B. M., 168, Meriweather v. Herran.) ] 2. The right to avoid a contract made during infancy must be exercised without unreasonable delay. (Tyler on Infancy, 62, 72-3; 3 Vermont, 353, Bigelow v. Kinney; 52 Miss., 291, Wallace v. Latham; 7 Bush, 417, Petty v.…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion oe the court.
July 11, 1868, Mary Miller, entitled, under the will of her husband, John Miller, to a life estate, and his sons, Winchans, Ambrose and Charles L. Miller, entitled to the fee in remainder, by a joint deed conveyed their respective interests in a lot of land, for the recited consideration of three hundred dollars, to William Hoffert and John Pletsclier, who then entered into possession.
This action was instituted August 19, 18S4, by Ambrose Miller and Charles L. Miller, against Hoffert, Pletsclier and the wife and children of the latter, to whom a…
2Cases cited2 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Meriweather's Adm'r v. HerranCourt of Appeals of Kentucky · 1847
3Cited by17 opinions
- Allen v. FromanCourt of Appeals of Kentucky · 1894
- Foster v. JordanCourt of Appeals of Kentucky · 1908
- Syck v. HellierCourt of Appeals of Kentucky · 1910
- Brown v. Elk Horn Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1928
- Spencer v. Lyman Falls Power Co.Supreme Court of Vermont · 1938
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