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Tucker Vs. Moreland
Cites for this judgment
- US Supreme Court
- Jan 01, 1836
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U.S. 58 (1836) U.S. Supreme Court Tucker v. MorelandSearch
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U.S. 10 Pet. 58 58 (1836) Tucker v. MorelandSearch
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and that at the time the deed to E.G.M. was made he was of full age. The decision of Lord Mansfield in Zouch v. ParsonsSearch
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The difficulty is in ascertaining the true principle upon which these distinctions depend. Lord Mansfield, in Zouch v. ParsonsSearch
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to make the deed voidable only upon the matter of the conveyance. There can be little doubt that the decision in Zouch v. ParsonsSearch
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and perhaps the weight of Page 35 U. S. 69 authority, antecedent to the decision in Zouch v. ParsonsSearch
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inclined in the same way, Lord Chief Justice Eyre, in Keane v. BoycottSearch
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A doctrine of the same sort was held by the court in Thompson v. LeachSearch
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in Fisher v. MowbraySearch
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and Baylis v. DineleySearch
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that an infant cannot bind himself in a bond with a penalty, and especially to pay interest. In the case of Baylis v. DineleySearch
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And then, after commenting on Keane v. BaycottSearch
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and Fisher v. MowbraySearch
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In Zouch v. ParsonsSearch
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The same question has undergone no inconsiderable discussion in the American courts. In Oliver v. HendletSearch
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that those acts of an infant are void which not only apparently but necessarily operate to his prejudice. In Whitney v. DutchSearch
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In Conroe v. BirdsallSearch
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as it was interpreted and adopted in Zouch v. ParsonsSearch
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and in the late case of Roof v. StaffordSearch
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Cowen 180- 181, the same doctrine was fully recognized. But in an intermediate case, Jackson v. BurchinSearch
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subject to their election, when they become of age, either to affirm or disallow them, and that the doctrine of Zouch v. ParsonsSearch
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be of as high and solemn a nature, there is no ground to impeach its sufficiency. Lord Ellenborough, in Baylis v. DineleySearch
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upon the land and delivered the deed thereon if the same had been in an adverse possession. The cases of Jackson v. CarpenterSearch
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John. 539, and Jackson v. BurchinSearch
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for they dispense with an entry where the possession was out of the party when he made the second deed. In Jackson v. BurchinSearch
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feoffment by an entry -- that is, by an act of equal notoriety and solemnity with the original act. The case of Frost v. WolvertonSearch
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fact that a conveyance has been made is not per se proof of a confirmation of it. Lord Ellenborough, in Baylis v. DineleySearch
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uncoupled with any acts demonstrative of an intent to confirm it, would be insufficient for the purpose. In Jackson v. CarpenterSearch
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that some positive act was necessary evincing his assent to the conveyance. In Austin v. PattonSearch
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the law intends to throw round him to guard him from the effects of his folly, rashness, and misconduct. In Saunderson v. MarrSearch
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though the application was made to the equity side of the court to set aside a judgment founded on it. So in Conroe v. BirdsallSearch
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that a different decision would endanger all the rights of infants. A similar doctrine was held by the court in Austin v. PattonSearch
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R.. 309-310. Indeed, the same doctrine is to be found affirmed more than a century and a half ago in Johnson v. PieSearch
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See Russell v. LeeSearch
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Fisher v. MowbraySearch
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Baylis v. DineleySearch
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See Saunders v. MannSearch
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Zouch v. ParsonsSearch
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Holmes v. BloggSearch
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See Boston Bank v. ChamberlainSearch
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Roof v. StaffordSearch
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See Inhabitants of Worcester v. EatonSearch
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Whitney v. DutchSearch
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See Boston Bank v. ChamberlinSearch
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U.S. Supreme Court Tucker v. MorelandSearch
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Keane v. BoycottSearch
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Thompson v. LeachSearch
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of Baylis v. DineleySearch
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Keane v. BaycottSearch
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In Oliver v. HendletSearch
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