The New Hampshire Reports Volume 26

The New Hampshire Reports Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ... the infant, or the object of his privilege, which is intended for his protection, would not be answered. When applied to a sale of his property, it must be his land; a case in which he may enter and receive the profits until the power of finally avoiding shall arrive; and such was the doctrine of Zouch v. Parsons, 3 Burr. 1794. Should the law extend the same doctrine to sales of personal estate, it would evidently expose him to great loss in many cases; and we shall act up to the principle of protection much more effectually by allowing him to rescind while undcr age, though he may sometimes misjudge and avoid a. contract which is for his own benefit. The true rule, then, . appears to me to be this: that where the infant can enter and hold the subject of the sale till his legal age, he shall be incapable of avoiding until that time; but where the possession is changed, and there is no legal means to require and hold it in the mean time, the infant, or his gu'ardian for him, has the right to exercise the power of rescission imme diately." The learned chancellor proceeded also to say that the common law gives no action or other means by which the mere possession of personal property can be reclaimed and held, subject to the right of avoidance; and the decision ' that the contract could be avoided during minority was ac cordingly made. There is no fact before us involving the question whether a conveyance of real estate may be avoided within age or not, and we need express no opinion in regard to it. But it appears to us that the reasoning in Stajford v. Roof, so far as the same is applicable to this case, is founded upon correct principles. If the subject of the sale be personal property, and a delivery to, and possession by, more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236907779
  • 9781236907776