Caho v. Endress
Supreme Court of Missouri
Error■ to Perry Circuit Court. — Hon. Louis F. Dinning, Judge. This is an action of ejectment brought by Mary Caho and Henry Caho, her husband, to recover a tract of land in Perry county. The land originally belonged to Mrs. Caho, but in February, 1871, she and her husband conveyed it to defendant, Endress. At the time of making this conveyance she lacked a few days of being twenty-one years of age.
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Error■ to Perry Circuit Court. — Hon. Louis F. Dinning, Judge. This is an action of ejectment brought by Mary Caho and Henry Caho, her husband, to recover a tract of land in Perry county. The land originally belonged to Mrs. Caho, but in February, 1871, she and her husband conveyed it to defendant, Endress. At the time of making this conveyance she lacked a few days of being twenty-one years of age. This suit was brought upon the theory that she was not then of full age for the purpose of executing a ' deed, and had a right to avoid this conveyance. The court below, however, ruled otherwise,…
1Opinion of the CourtNapton, J.
The principal question in this case is whether a married woman can avoid a deed for her real estate, made by her and her husband, when she was over eighteen and under twenty-one years of age.
That the infancy of a married woman will make her deed voidable, notwithstanding its execution in the form prescribed by our statute in regard to privy examination, is well settled by the uniform decisions of this court from the case of Youse v. Norcom, 12 Mo. 549. down to the latest decision on the subject. Peterson v. Laik, 24 Mo. 541; Schneider v. Staihr, 20 Mo. 271; Baker v. Kennett, 54 Mo. 83; Huth…
2Cases cited5 opinions
- Sanford v. McLeanNew York Court of Chancery · 1831
- Peterson v. LaikSupreme Court of Missouri · 1857
- Huth v. Carondelet Marine Railway & Dock Co.Supreme Court of Missouri · 1874
- Youse v. NorcomsSupreme Court of Missouri · 1849
- Hoyt v. SwarIllinois Supreme Court · 1870
3Cited by3 opinions
- Audsley v. HaleSupreme Court of Missouri · 1924
- Goss v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Miller v. SimondsSupreme Court of Missouri · 1880