Evans v. Morgan, Robertson & Co.

Citations

• 69 Miss. 328

Syllabus

<p>1. Infant. Repudiation of contract. Retention of consideration.</p> <p>While an infant may escape personal liability on his contracts, he cannot, after repudiating a contract, retain as his own the fruits of it, if still in his possession.</p> <p>2. Same. Parchase by infant. Repudiating liability. Remedy of seller. Fraudulent conveyance.</p> <p>Where property is bought by an infant upon credit, and, when sued for the price, he pleads infancy, the seller may recover the property, the title being revested in him by the result of such suit; and, if it has been fraudulently conveyed by the infant to one not a bona fide purchaser-, the seller may, in equity, have cancellation of the conveyance and restoration of the property.</p> <p>3. Sane. Fraud of infant. Intermingling of goods. Fight of seller.</p> <p>And if such infant, before disposing of the goods, had intermingled them with his stock of merchandise, so that identification and separation became impossible, the complainant may subject to his demand the entire stock; or if the stock, being in custodia l'egis, has been turned into money, the complainant may subject the proceeds.</p>