Bigelow v. Kinney
Supreme Court of Vermont
This was an action of ejectment for land in Weathersfield, being part of lot no. 22. On the trial of the general issue, the plaintifi claimed title to the land under, and gave in evidence, a deed from Joseph R. Williams to him, dated Nov. 12tb, 1818. The defendant gave in evidence a mortgage deed from the plaintiff to Joseph R. Williams, dated Nov; 12th 1818, and executed at the same time of the first mentioned deed, to secure the payment of several notes given by the…
Read the full summary
This was an action of ejectment for land in Weathersfield, being part of lot no. 22. On the trial of the general issue, the plaintifi claimed title to the land under, and gave in evidence, a deed from Joseph R. Williams to him, dated Nov. 12tb, 1818. The defendant gave in evidence a mortgage deed from the plaintiff to Joseph R. Williams, dated Nov; 12th 1818, and executed at the same time of the first mentioned deed, to secure the payment of several notes given by the plaintifi to Wiiiiams for the purchase of the land; and also a quit-claim deed from the plaintiff ro Williams, dated Nov.…
1Opinion of the Court
Prentiss, Ch. J.,
delivered the opinion of the Court. — That the deed of an infant, which takes effect by delivery, and is not upon the face of it a prejudice to him, is not void, but voidable only, is a doctrine well established by the authorities, and particularly by the case o f Zouch vs. Parsons, 3 Burr. 1794. The principle settled in that case has been confirmed by subsequent decisions in England, and has been generally, if not universally, re-cognised and adopted by the courts in this county. It is not only highly reasonable, but more beneficial to the infant, that it should be so ; for…
2Cited by22 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Henry v. . RootNew York Court of Appeals · 1865
- Carpenter v. CarpenterIndiana Supreme Court · 1873
- Baker v. KennettSupreme Court of Missouri · 1873
- Sims v. BardonerIndiana Supreme Court · 1882
17 more not listed; retrieve them via the Exa API.