Joyce v. McAvoy

Citations

• 31 Cal. 273

Syllabus

<p>Suit against Infant “ Heir” at Common Law.—At common law, when the infant heir was sued upon a specialty obligation of the ancestor chargeable upon the inheritance, he might pray that the proceedings be stayed until he should attain his majority. This privilege was confined to the heir alone, and did not extend to devisees.</p> <p>Suit against Infant “ Heir ” in Courts of Equity.—Courts of equity, in cases where the equity depended upon the liability of the heir to pay out of the descended assets, adopted a similar practice; and in a certain class of cases affecting the title of infants to real estate, by a kind of analogy to this practice, Courts of equity adopted another rule, by which a clause was inserted in the decree giving the infant a day after becoming of age to show cause against it.</p> <p>Our Practice in Suits against Heirs.—It is at least questionable whether under our system of practice an infant is in any case or under any circumstances entitled to have a day given in the judgment to show cause against it.</p> <p>Judgment against Infant.—An infant defendant is as much bound by a decree in equity as a person of full age, and will not be permitted to dispute it except upon the same grounds as an adult might have disputed it, such as fraud, collusion, or error. If merely erroneous, it is not void, but may be corrected on appeal. If fraudulent, or obtained by collusion, it must be attacked in a direct proceeding, and cannot be attacked collaterally.</p> <p>When Decree against Infant not Void.—A judgment in equity against an infant, where the Court has jurisdiction, which does not give the infant a day after arriving at age to show cause against it is not void, qnd cannot be attacked collaterally.</p> <p>Action against Infant to determine Adverse Claim.—A covenant in a deed of separation between husband and wife having two infant children, which provides that the wife will hold land-then owned by her for the joint benefit of herself and children, and wi