Legal Opinion

Oliver v. Houdlet

Massachusetts Supreme Judicial Court

Decided June 15, 1816PublishedCited by 21 opinions

Trover for certain cattle. At the trial upon the general issue, at the last September term, before Thatcher, J., the defendant admitted that he took the cattle, by virtue of a writ of execution, as the property of one James N. Lithgow. It was admitted by the plaintiffs, that the said Lithgow owned the cattle ; and it was proved by him, that the same were afterwards conveyed to one Thomas Butler, who sold them fairly to the plaintiffs.

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Trover for certain cattle. At the trial upon the general issue, at the last September term, before Thatcher, J., the defendant admitted that he took the cattle, by virtue of a writ of execution, as the property of one James N. Lithgow. It was admitted by the plaintiffs, that the said Lithgow owned the cattle ; and it was proved by him, that the same were afterwards conveyed to one Thomas Butler, who sold them fairly to the plaintiffs. It was in evidence, that the plaintiff, Clap, was, at that time and until the trial, the legal guardian of Upon these facts the judge instructed the jury, that…

1Opinion of the CourtWilde, J.

This case tu’.ns on a question of property, depending upon two sales of cattle, made by the plaintiff to one A. J. S. G. Lithgow. It has been contended, that these sales were void ab initio, the said Lithgow being a minor, not capable by law of making a valid contract.

Doubtless an act merely void may be treated as a nullity by either party, and even by a stranger. Some acts of infants are of this description ; and it has been said, that all such as are apparently *196prejudicial to his interests are to be so considered. Thus, a grant, surrender, or lease, by an infant, without reservation of…

2Cited by21 opinions

  1. Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
  2. Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
  3. Kline v. BeebeSupreme Court of Connecticut · 1827
  4. Dellamano v. FrancisMassachusetts Supreme Judicial Court · 1941
  5. Dolbeare v. BowserMassachusetts Supreme Judicial Court · 1925

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