Weaver v. Jones
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Tried before the Hon. Ezekiel Pickens. Assumpsit by Emmett Jones against Philip J. Weaver, for the use and occupation of land. The facts sufficiently appear in the opinion. The charge of the court is clearly erroneous. It assumes, as a principle of law, that all contracts made with minors, not advantageous to them, are absolutely void; whereas they are only voidable. — Oliver v. Handlet, 13 Mass.
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Error to the Circuit Court of Dallas. Tried before the Hon. Ezekiel Pickens. Assumpsit by Emmett Jones against Philip J. Weaver, for the use and occupation of land. The facts sufficiently appear in the opinion. The charge of the court is clearly erroneous. It assumes, as a principle of law, that all contracts made with minors, not advantageous to them, are absolutely void; whereas they are only voidable. — Oliver v. Handlet, 13 Mass. R. 237; Whitney v. Dutch, 14 ib. 461; Story on Contracts, p. 47 § 58; 2 Kent’s C#m. 235. The charge threw the burthen of proof on the defendant below, to show…
1Opinion of the CourtChilton, C. J.
Jones sued Weaver in assumpsit, for the use and occupation of a lot in Selma. It appears from a bill of exceptions, which was sealed upon the trial, that the plaintiff, Jones, while an infant, had sold the lot, and executed his bond for title in the usual form; after he arrived at age, he disaffirmed the contract, paid Weaver back the purchase money, with the interest, and received back his bond. Weaver, in the mean time, had made valuable and permanent improvements on the lot, in the erection of a livery stable. This suit is brought by Jones, to recover rent for the time Weaver occupied the…
2Cases cited4 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Davidson v. ErnestSupreme Court of Alabama · 1845
- Catterlin v. SpinksSupreme Court of Alabama · 1849
3Cited by18 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- Carrigg v. Mechanics Bank of ProvidenceSupreme Court of Iowa · 1907
- Burgess v. American Mortgage Co.Supreme Court of Alabama · 1896
- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
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