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Sims Vs. Everhardt
Cites for this judgment
- US Supreme Court
- Jan 01, 1880
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U.S. 300 (1880) U.S. Supreme Court Sims v. EverhardtSearch
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U.S. 300 (1880) Sims v. EverhardtSearch
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that rule. The case relied upon by the appellees in support of the judgment of the circuit court is Scranton v. StewartSearch
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state statute, touching the marriage relation and the liabilities incident thereto, was in part considered in Miles v. LingermanSearch
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We find nothing in any prior decision of the Indiana courts that sustains what was said obiter in Scranton v. StewartSearch
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Law v. LongSearch
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given in the case that she was bound to disaffirm or could disaffirm during her coverture. Nothing, therefore, in Law v. LongSearch
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supports what was said, but not decided, in Scranton v. StewartSearch
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But if the law was accurately stated in the opinion given by the court in Scranton v. StewartSearch
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to keep in mind her condition at common law. The land was not her separate estate, such as the wife had in Scranton v. StewartSearch
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than that of an infant, and it is settled that an infant cannot disaffirm his deed while his infancy continues. Zouch v. ParsonsSearch
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Roof v. StaffordSearch
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to all cases. The question must always be answered in view of the peculiar circumstances of each case. State v. PlaistedSearch
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Jenkins v. JenkinsSearch
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Mercer's Lessee v. SeldenSearch
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the act of avoidance to a reasonable time after the coverture is ended. Sec. 516. In support of this he refers to Dodd v. BenthalSearch
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Heisk. (Tenn.) 601, and Matherson v. DavisSearch
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U. S. 311 found no decision that is in conflict with this doctrine, and no dicta even except those in Scranton v. StewartSearch
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acquiescence for any period less than the period of limitation is not a bar. Such was in effect the ruling in Irvine v. IrvineSearch
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Wall. 617. See also Prout v. WileySearch
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Mich. 164, a well considered case, and Lessee of Drake v. RamseySearch
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a much less period of time will be held to be a confirmation of the voidable deed. But they either rely upon Holmes v. BloggSearch
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applicable to infants, and a fraudulent representation of capacity cannot be an equivalent for actual capacity. Brown v. McCluneSearch
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Keen v. ColemanSearch
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U.S. Supreme Court Sims v. EverhardtSearch
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Scranton v. StewartSearch
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Miles v. LingermanSearch
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Zouch v. ParsonsSearch
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State v. PlaistedSearch
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Dodd v. BenthalSearch
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and Matherson v. DavisSearch
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Prout v. WileySearch
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and Lessee of Drake v. RamseySearch
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Holmes v. BloggSearch
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Brown v. McCluneSearch
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