Lanning v. Brown

Citations

• 84 Ohio St. (N.S.) 385

Syllabus

<p>Deed executed by infant — Action for cancellation — Not barred in twenty-one years after execution, when — Disaffirmance of deed —Partition.</p> <p>On the 12th day of March, 1888, B., an infant eighteen years of age, executed deeds conveying his. interests in certain real estate situate in this state, to grantees therein named, who did not file such deeds for record until the year 1909. B. arrived at majority on the 24th day of October, 1890, and thereafter did no act to ratify or confirm said conveyances, but on the contrary brought suit on the 17th day of April, 1909, to obtain partition of said real estate, in which action he also prayed that the deeds he had executed be cancelled.</p> <p>Held: That B.’s action so commenced operated to disaffirm the deeds and it was not barred by the twenty-one year statute of limitations. He is entitled to partition and the other relief prayed for.</p>