Edmunds v. Mister

Citations

• 58 Miss. 765

Syllabus

<p>1. Infant. Goods sold, to. When presumed not necessaries.</p> <p>'Where goods are sold to an infant haying a guardian, the law presumes, in the absence of proof, that they are not “necessaries,” nor furnished under such circumstances as that their reception, of itself, imposes a legal liability upon him.</p> <p>2. Same. Executory contract. Ratification.</p> <p>The executory contract of an infant for the payment of money, not for necessaries, imposes no legal liability upon him. It furnishes a sufficient consideration to support a valid contract, and if it be ratified by the infant after the attainment of his majority, it becomes binding. But such ratification must possess all of the elements necessary to a new contract, except the consideration. A mere acknowledgment of the debt is not sufficient, but there must be an express promise to pay, voluntarily made. Such is the common-law rule, without reference to the statutory provision requiring a new promise or ratification to be in writing.</p> <p>3. Same. Voluntary conveyance, When not fraudulent as to creditors.</p> <p>Avoluntary conveyance of land, made by one who has just attained his majority, cannot be attacked as fraudulent by creditors for goods sold to the grantor during his minority, where the goods were not necessaries, and the contract to , pay for them has not been legally ratified by the buyer after becoming of age.</p> <p>4. Same. Voluntary conveyance. Judgment against grantor. Contest as to title.</p> <p>In a contest between the grantee in a voluntary conveyance of land, made by one who has just attained his majority, and the purchaser under judgments against the grantor, the purchaser’s title will prevail if he can show that the judgments embraced, in whole or in part, debts created after the attainment of his majority by the debtor and before the date of the conveyance, or debts in whole or in part for necessaries furnished during the minority of the debtor, under circumstances which imposed a leg