Legal Opinion

Holbrook v. Montgomery

Supreme Court of Georgia

Decided January 13, 1928No. 6289PublishedCited by 5 opinions

1Opinion of the CourtHines, J.

1. The deed of an infant is voidable at his pleasure at majority. Civil Code (1910), § 4184.

2. The infant may disaffirm the deed within a reasonable time after attaining majority; and if she fails to do so, the right of avoidance on the ground of infancy will be lost. What is a reasonable time will depend upon the facts of each case, but not be longer than seven years after the disability is removed. Nathans v. Arkwright, 66 Ga. 179; McGarrity v. Cook, 154 Ga. 311 (114 S. E. 213).

3. When the lapse of time after majority is not longer than seven years, what is a reasonable time for the…

2Cases cited6 opinions

  1. Nathans v. ArkwrightSupreme Court of Georgia · 1880
  2. Southern Cotton Oil Co. v. DukesSupreme Court of Georgia · 1905
  3. Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
  4. Shuford v. AlexanderSupreme Court of Georgia · 1884
  5. McGarrity v. CookSupreme Court of Georgia · 1922

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Ouida J. Weissinger A/K/A Ouida Boyd and Mrs. George Boyd v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  2. Tharpe v. Cudahy Packing Co.Court of Appeals of Georgia · 1939
  3. Holbrook v. Bank of CummingSupreme Court of Georgia · 1929
  4. Martin v. National BankSupreme Court of Georgia · 1976
  5. Ouida J. Weissinger A/K/A Ouida Boyd and Mrs. George Boyd v. United StatesCourt of Appeals for the Fifth Circuit · 1968

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