Bingham v. Barley

Citations

• 55 Tex. 281
• 1881 Tex. LEXIS 117

Syllabus

<p>1. Disaffirmance of contract—Minority.— In order to maintain a suit for the recovery of land conveyed by the plaintiff during his minority, he must tender back the consideration received.</p> <p>2. Minority ■—Deed.-—One who, after arriving at the age of twenty-one years, would avoid his deed to land made during minority, must do so within a reasonable time.</p> <p>3. Same.—His silence or acquiescence beyond a reasonable time will conclude his right to disaffirm his deed.</p> <p>4. Same.—What is a reasonable time is such a period as, in view of all the attending facts, would rebut any presumption of an intended disaffirmance. The length of time, though less than the period of limitation for the recovery of lands, may as effectually prove his affirmance or ratification, in connection with the circumstances of the case, as his express acts or declarations to that effect.</p>