McCarty v. Woodstock Iron Co.
Supreme Court of Alabama
Appeal from the Oily Courl of Anniston, in equity. Heard before the Hon. B. F. Oassady. The parties to the present suit, the facts as to the bill and the defense set up by the answer thereto, are sufficiently shown in the opinion .of this court. Defendant moved to dismiss the bill for want of equity, which motion was overruled. The defendant also demurred to the bill and assigned, among others, the following grounds: 4th.
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Appeal from the Oily Courl of Anniston, in equity. Heard before the Hon. B. F. Oassady. The parties to the present suit, the facts as to the bill and the defense set up by the answer thereto, are sufficiently shown in the opinion .of this court. Defendant moved to dismiss the bill for want of equity, which motion was overruled. The defendant also demurred to the bill and assigned, among others, the following grounds: 4th. It is not shown in said bill that respondent disaffirmed the sale of said lot to him. 5th. It does not appear that said respondent ever offered to reconvey the said lot to…
1Opinion of the CourtClopton, J.
Our decisions, which are in harmony with the later adjudications, have established, that a contract of purchase of land entered into by an infant, whether executed or executory, is voidable, subject to confirmation or disaffirmance, at his election, on arriving at age. The right of election is personal, and paramount to any equity of the other party; it may be exercised without reference to his assent or dissent. When the infant has exercised the privilege to rescind his contract, he can not afterwards abandon or repudiate the rescission, and take the other alternative. The disaffirmance ren*465cl…
2Cases cited9 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Irvine v. IrvineSupreme Court of the United States · 1870
- Tunison v. ChamblinIllinois Supreme Court · 1878
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- South & North Alabama Railroad v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
- Jackson v. BeardSupreme Court of North Carolina · 1913
- Brasher v. GraysonSupreme Court of Alabama · 1928
- Gage v. MenczerCourt of Appeals of Texas · 1912
7 more not listed; retrieve them via the Exa API.