Voorhies v. Voorhies
New York Supreme Court
DEMURRER to complaint. The complaint alleged that heretofore, to wit, about the year 1831, Jacobus I. Yoorhies, of the town of Gravesend, Kings county, died intestate, leaving him surviving five children, viz. John I. Yoorhies, Jacobus I. Yoorhies, William Yoorhies, Barnardus Yoorhies and Stephen I. Yoorhies, the plaintiff in this action, his only children and heirs at law.
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DEMURRER to complaint. The complaint alleged that heretofore, to wit, about the year 1831, Jacobus I. Yoorhies, of the town of Gravesend, Kings county, died intestate, leaving him surviving five children, viz. John I. Yoorhies, Jacobus I. Yoorhies, William Yoorhies, Barnardus Yoorhies and Stephen I. Yoorhies, the plaintiff in this action, his only children and heirs at law. The plaintiff further alleged, that at the time of the decease of his father he was of the age of fifteen years “ or thereabouts" and as one of the heirs of his father, he was entitled to, and became possessed of, the one…
1Opinion of the CourtBirdseye, J.
The conveyances made by the plaintiff during his infancy were merely voidable, not void. Such is now the decided weight of authority. (See Bool v. Mix, 17 Wend. 119 ; Dominick v. Michael, 4 Sandf. 418; 1 Parsons on Con. 243, 4, note e; 275, n. l.) It is also clear that before suit can be brought for the recovery of the possession of lands "conveyed in infancy, the party must make an entry upon the lands and exe*153cute a second deed to a third person, or do some other act of equal notoriety in disaffirmance of the first deed, such as demanding possession or giving notice of an intention not to be…
2Cases cited1 opinion
- Bool v. MixNew York Supreme Court · 1837
3Cited by11 opinions
- People v. . LadewNew York Court of Appeals · 1924
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
- O'Donohue v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Eagan v. ScullyAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of ZiembaNew York Surrogate's Court · 1938
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