Roberts v. Wiggin
Superior Court of New Hampshire
THIS was a writ of entry. The defendant disclaimed as to part of the land, and pleaded the general issue as to the remainder. The issue was joined, and on trial here at the last term the following facts appeared in evidence: On the 14th of November, 1814, the plaintiff, by deed of that date, conveyed the demanded premises to one John B. M’Intire, then a minor.
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THIS was a writ of entry. The defendant disclaimed as to part of the land, and pleaded the general issue as to the remainder. The issue was joined, and on trial here at the last term the following facts appeared in evidence: On the 14th of November, 1814, the plaintiff, by deed of that date, conveyed the demanded premises to one John B. M’Intire, then a minor. At the same time, to secure the consideration money, said M’Intire executed to the plaintiff a mortgage of the land purchased. M'Intire became of age January 5, 1815, and on the 30th of the same month the defendant extended an execution…
1Opinion of the CourtWoodbury, J.
The parties in this ease both claim tinder John B. M:In-tire. But the mortgage deed of the demanded premises from him to the plaintiff was made previous to the defendant’s *74extent, and the plaintiff is therefore entitled to recover, unless the minority of M'Intire, at the time he executed said deed, can be interposed by the defendant to avoid it.
The mortgage not having been for necessaries is void or voidable. I Powell Con. 34.— 1 Newland Con. 1. Courts, however, incline to construe infant's contracts voidable rather than void ; because such construction oftener promotes public justice, and…
2Cases cited2 opinions
- Jackson ex dem. Wallace v. CarpenterNew York Supreme Court · 1814
- Van Bramer v. CooperNew York Supreme Court · 1807
3Cited by11 opinions
- Roof v. StaffordNew York Supreme Court · 1827
- Orvis v. KimballSuperior Court of New Hampshire · 1825
- Aldrich v. GrimesSuperior Court of New Hampshire · 1839
- Conn v. CoburnSuperior Court of New Hampshire · 1834
- Robbins v. EatonSuperior Court of New Hampshire · 1840
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