Brantley v. Wolf

Citations

• 60 Miss. 420

Syllabus

<p>1. ImrANT. Conveyance of land. Disaffirmance. Estoppel in pais.</p> <p>Where one in infancy has sold and conveyed his land, he is not estopped from disaffirming the conveyance, after attaining his majority, by the facts (1) that the vendee was ignorant of his minority at the time of the purchase; (2) that he gave to the vendee no notice of his minority, and (3) that he received and enjoyed the purchase-money. It is only an active participation or silent acquiescence in some act designed at the time to work a fraud upon the vendee, which will make the conduct of the infant grantor, in such case, operate as an estoppel to a disaffirmance of his contract of conveyance. Ferguson v. Bobo, 54 Miss. 121, distinguished and explained.</p> <p>2. Same. Permitting improvement of land sold. Estoppel.</p> <p>The act of a minor in standing by and seeing buildings erected upon land which he has sold and conveyed, without making objection thereto, does not estop him to disaffirm the conveyance upon arriving at his majority.</p> <p>3. Same. Disaffirmance of conveyance. Limitation.</p> <p>Ordinarily it is not an unreasonable delay for the vendor of land sold during his infancy to wait two years after attaining his majority before disaffirming the conveyance. And the fact that the land was bought by a second vendee after the vendor had attained his majority would make no difference, where the latter was ignorant of such subsequent purchase.</p> <p>4. Same. Disaffirmance of contract. Consideration, whether returned or not.</p> <p>Where one having made a contract during his minority disaffirms it, upon the attainment of his majority, he must return the consideration which he received therefor, if he has it at the time of attaining majority, or of the act of disaffirmance, and if, after the attainment of his majority, he retains for an unreasonable time, or disposes of it, that will amount to a ratification of his previously voidable contract; but if he has lost or squandered such cons