Dolph v. Hand

Citations

• 156 Pa. 91
• 27 A. 114
• 1893 Pa. LEXIS 1316

Syllabus

<p>[Marked to be reported.]</p> <p>Seed — Infant—Affirmance—Waiver—Estoppel.</p> <p>An infant who executes a deed during his minority, may upon coming of age disaffirm it, but he must exercise this right within a reasonable time, and if, with full knowledge of his privilege, he omits or neglects to assert it, his omission may be regarded as equivalent to an act of affirmance, and as amounting in fact and in law to ratification.</p> <p>A boy executed a deed when he was about seventeen years of age. In the acknowledgment clause it was stated that he agreed “to ratify the same when he shall become of full age.” He did not ratify the deed when he became of age, but fifteen years after his majority brought ejectment for the land It appeared that during this period he retained the purchase money with the fullest knowledge of the voidable character of the deed, of his own right to disaffirm, of the occupation of the land by lessees, of the erection of improvements thereon, and of the steady enhancement in value of the land by reason of the development of the region in which it was situated. It also appeared that during the whole period the laud was in full view from his house, or was passed by him in going to and returning from his work. Held, that he was not entitled to disaffirm his deed, or recover the land, after such a lapse of time and under such circumstances.</p>