Joseph Story

Name: Lessee of Tucker v. Moreland — Opinion of the Court
Author: Joseph Story

Lessee of Tucker v. Moreland — Opinion of the Court

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“Lessee of Tucker v. Moreland — Opinion of the Court”, is a work by Joseph Story. It explores elements such as deed, infant and Wallach.

Quotes from Lessee of Tucker v. Moreland — Opinion of the Court (Joseph Story)

Joseph Story, Lessee of Tucker v. Moreland — Opinion of the Court

“ In the next place, that a mere acquiescence in the same conveyance, without objection, for several months after his arrival at age, is also a confirmation of it. In our judgment, neither proposition is maintainable. The mere recognition of the fact that a conveyance has been made, is not, per se, proof of a confirmation of it. Lord Ellenborough, in Baylis v. Dineley (3 M. & Selw. 482,) was of opinion, that an act of as high a solemnity as the original act was necessary to a confirmation. 'We cannot (said he) surrender the interests of the infant into such hands as he may chance to get. ”

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Joseph Story, Lessee of Tucker v. Moreland — Opinion of the Court

“ If, on the other hand, that deed was voidable only, and not void, and yet it has been avoided by the subsequent conveyance to the defendant by Barry; then the same conclusion follows. And these, accordingly, are the considerations, which are presented under the present instruction.
In regard to the point, whether the deed of lands by an infant is void or voidable at the common law, no inconsiderable diversity of opinion is to be found in the authorities. ”

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Joseph Story, Lessee of Tucker v. Moreland — Opinion of the Court

“ This is the sense in which the doctrine of Perkins is laid down in Sheppard's Touchstone, 232. Of this latter opinion, also, are some other highly respectable text writers; (d) and, perhaps, the weight of
It is apparent, then, upon the English authorities, that however true it may be, that an infant may so far bind himself by deed in certain cases, as that in consequence of the solemnity of the instrument it is voidable only, and not void; yet that the instrument, however solemn, is held to be void, if upon its face it is apparent, that it is to the prejudice of the infant. ”

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Joseph Story, Lessee of Tucker v. Moreland — Opinion of the Court

“ That, if the said jury shall believe, from the said evidence, that the said Richard N. Barry was of full age, and above the age of twenty-one years, at the time of the execution of said deed to said Wallach, or if the defendant shall have failed to satisfy the jury from the evidence that said Barry was, at the said date, an infant under twenty-one years, that then the plaintiff is entitled to recover. ”

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Joseph Story, Lessee of Tucker v. Moreland — Opinion of the Court

“ That some deeds or instruments under seal of an infant are void, and others veidable, and others valid and absolutely obligatory, is not doubted. Thus, a single bill under seal given by an infant for necessaries, is absolutely binding upon him; a bond with a penalty for necessaries is void, as apparently to his prejudice ”

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Source: Wikisource

Joseph Story, Lessee of Tucker v. Moreland — Opinion of the Court

“ The general result seems to be that where the act of the infant is by matter of record, he
The question then is, whether, in the present case, the deed to Mrs. Moreland, being of as high and solemn a nature as the original deed to Wallach; is not a valid disaffirmance of it. We think it is. If it was a voidable conveyance which had passed
The cases of Jackson v. Carpenter (11 John. R. 539,) and Jackson v. Burchin (14 John. R. 124,) are directly in point, and proceed upon principles, which are in perfect coincidence with the common law, and are entirely satisfactory. ”

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Source: Wikisource

Joseph Story, Lessee of Tucker v. Moreland — Opinion of the Court

“ Patton, (11 Serg. & Rawle. 311,) the court held, that to constitute a confirmation of a conveyance or contract by an infant, after he arrives of age, there must be some distinct act, by which he either receives a benefit from the contract after he arrives at age, or does some act of express ratification. There is much good sense in these decisions, and they are indispensable to a just support of the rights of infants according to the common law. Besides; in the present case, as Barry was in possession of the premises during the whole period until the execution of his deed to Mrs. ”

Joseph Story

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