Sewell v. Sewell
Court of Appeals of Kentucky
Case 91 — PETITION EQUITY APPEAL PROM BREATHITT CIRCUIT COURT. 1. The power given to appellant to sell with consent of her husband was not intended to remove the disability of infancy. 2. The so-called contract was highly prejudicial to Mrs. Sewell. Therefore, inasmuch as she was an infant, the presumption is it was procured by fraud.
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Case 91 — PETITION EQUITY APPEAL PROM BREATHITT CIRCUIT COURT. 1. The power given to appellant to sell with consent of her husband was not intended to remove the disability of infancy. 2. The so-called contract was highly prejudicial to Mrs. Sewell. Therefore, inasmuch as she was an infant, the presumption is it was procured by fraud. (Middleton v. Hoge, 5 Bush, 487; Bransom v. Thompson, 81 Ry., 387.) 3. There is no presumption of ratification unless there be evidence of some act done with the deliberate purpose of assuming a liability the infant knows he is discharged from bylaw, and it must…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
In October of the year 1881, Thomas Sewell, who was the grandfather of Thomas Sewell, Jr., the latter being the husband of the appellant, conveyed to the appellant a large tract of land lying in the county of Breathitt. The consideration was five hundred dollars paid, and that of love and affection.
*502It was provided by the deed that in the event the appellant, the wife, did not dispose of the land, it was to pass or descend to her husband at her death, with the further proviso: “ But nothing is to prevent her selling said land if she so desire, and…
2Cases cited1 opinion
- Buchanan v. HubbardIndiana Supreme Court · 1884
3Cited by5 opinions
- Coe v. MoonIllinois Supreme Court · 1913
- Elkhorn Coal Corporation v. TackettCourt of Appeals of Kentucky (pre-1976) · 1935
- L. W. Levy & Co. v. LacourCourt of Appeals of Texas · 1906
- Owens v. OwensCourt of Appeals of Kentucky (pre-1976) · 1947
- Begley v. Holliday's CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933