Calloway v. . Hamby
Supreme Court of North Carolina
Civil action tried upon a case agreed before Mitchell, Jat ‘Spring Term, 1871, of Wilkes Superior Court. The facts of the ease sufficiently appear in the opinion of the Court. The deed or other contract of an infant is not void, but voidable merely, and may be confirmed by him on his arrival at full age.
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Civil action tried upon a case agreed before Mitchell, Jat ‘Spring Term, 1871, of Wilkes Superior Court. The facts of the ease sufficiently appear in the opinion of the Court. The deed or other contract of an infant is not void, but voidable merely, and may be confirmed by him on his arrival at full age. McOormicie v. Leggett, 8 Jones, 425. The contract is binding on the other party, for lie made it with full knowledge of the non-age, until the infant after arrival at age shall» repudiate .it. Yarborough v. Yarborough, 6 Jones Eq., 209 Crawley v. Timberlake, 2 Ire. Eq., 460 ; Washburn v.…
1Opinion of the CourtRodman, J.
On the 6th of September, 1863, or 1864, (the-complaint and answer say 1863, and the case agreed says. 1864, but the precise date is not material,) Rebecca Hamby was possessed of certain slaves for her life, and her children,, the defendants, were entitled absolutely after her death.
Eli C. Hamby, one of the remaindermen, was an infant. On that day the plaintiff purchased the slaves from Rebecca and her children, who with the exception of Eli, conveyed to him» By a covenant of that date, he agreed with Rebecca, and all the remaindermen by name, “ that upon the last named, Eli C.. Hamby becoming…
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