Voltz v. Voltz
Supreme Court of Alabama
Appeal from City Court of Selma. Heard before Hon. JoN. HaRalsoN. The facts are stated in the opinion. 1. The admitted fact that the ward did not get as much in value as his guardian owed him, would have authorized the setting aside of the settlement, if suit had been brought within a reasonable time. But on the principles of ratification,-election and estoppel, the complainant is now cut off from all' relief.
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Appeal from City Court of Selma. Heard before Hon. JoN. HaRalsoN. The facts are stated in the opinion. 1. The admitted fact that the ward did not get as much in value as his guardian owed him, would have authorized the setting aside of the settlement, if suit had been brought within a reasonable time. But on the principles of ratification,-election and estoppel, the complainant is now cut off from all' relief. The contract of May 4th, 1875, was voidable, and not void.— Weaver v. Jones, 24 Ala. 420 ; Philpot v. Bingham, 55-Ala* 435; Tyler on Infancy, 76-8, and cases cited. “Voidable means, not…
1Opinion of the CourtStone, J.
The present bill was filed by the appellee, for the purpose of opening and remaking a settlement he made with Henry E. Yoltz, his guardian. The terms of settlement were agreed on and reduced to writing and signed, when the ward was a little more than eighteen years old. A year afterwards the complainant, by chancery decree, was relieved of the disabilities of minority, and soon afterwards the agreement of the year before was consummated, and Henry E., the guardian, conveyed to James W., the ward, property, real and personal, in full discharge of the former’s liability; and the latter executed…
2Cases cited33 opinions
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- M'Cormick v. MalinIndiana Supreme Court · 1841
- Cumberland Coal & Iron Co. v. ShermanCourt of Appeals of Maryland · 1863
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3Cited by21 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Ludington v. PattonWisconsin Supreme Court · 1901
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Adams v. SayreSupreme Court of Alabama · 1884
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