Shipley v. Bunn
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. The court erred in refusing the declarations prayed by appellant. Plaintiff, though an infant, had a right to enter and hold and take the profits during his minority. This would be true, even if he had conveyed the fee, but he could not in that case conclusively avoid the conveyance till he is of age. Lawson on Contracts, sec. 147, p. 161; 10 Am. and Eng.
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Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. The court erred in refusing the declarations prayed by appellant. Plaintiff, though an infant, had a right to enter and hold and take the profits during his minority. This would be true, even if he had conveyed the fee, but he could not in that case conclusively avoid the conveyance till he is of age. Lawson on Contracts, sec. 147, p. 161; 10 Am. and Eng. Encyclopedia of Law, 643 and note 1; 1 Parsons on Contracts [5 Ed.], 322; 1 Am. Lead. Oases [5 Ed., Hare & Wallace], 317, (257) ; Stafford v. Boof, 9 Cowen, 626; Bool v. Mix, 17…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment in statutory form for the possession of certain lands in Putnam county, Missouri. Ouster was laid as of January 1, 1887. Defendant Bunn answered he was in possession by his eodefendant, and tenant, Pherigo, and *447asserted title in himself. Pherigo justified as tenant of Bunn, and Burnham filed a general denial. The facts are few and simple.
George W. Shipley owned the land in question, and occupied it as his homestead at the time of his death in the year 1885. He left surviving him his widow, Mrs. Eliza Shipley, and one minor child, Charles T. Shipley, the…
2Cases cited5 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Peterson v. LaikSupreme Court of Missouri · 1857
- Huth v. Carondelet Marine Railway & Dock Co.Supreme Court of Missouri · 1874
- Singer Manufacturing Co. v. LambSupreme Court of Missouri · 1883
- Harris v. RossSupreme Court of Missouri · 1885
3Cited by7 opinions
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Robinson v. AllisonSupreme Court of Missouri · 1905
- Hamlin v. HawkinsSupreme Court of Missouri · 1933
- Southern California Edison Co., Limited v. HurleyCourt of Appeals for the Ninth Circuit · 1953
- DeRousse v. WestMissouri Court of Appeals · 1918
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