Hunter v. Bearn

Opinion by

Judge Pryor :

The demurrer to the petition was properly sustained. The principal question presented below was, Is the contract of an infant void or voidable? Whether void or voidable we think is immaterial here. After the feme had signed the mortgage, and after her arrival at age, she and her husband were sued to foreclose itt The mortgage was foreclosed and the land sold, and no reason is shown why she did not make defense to the action of foreclosure. Pier infancy when she signed it was a complete defense, and should have been made in that action. There is no relief now for her in…