MacGreal v. Taylor

Citations

• 167 U.S. 688
• 17 S. Ct. 961
• 42 L. Ed. 326
• 1897 U.S. LEXIS 2126

Syllabus

<p>An infant female was the owner of an unimproved lot in the city of Washington upon which there were valid liens for unpaid purchase money and taxes. In order that those liens might be discharged and the property improved, she borrowed $8000, and executed a deed of trust upon the lot to secure the loan. Part of the money so. borrowed was used to pay off prior liens and taxes, and the balance was applied by her, or under her directions, in improving the lot. Upon arriving at majority, she disaffirmed her contract and deed of trust, and refused to pity the money borrowed by her. At the time the deed of trust was executed, no inquiries were made as to her age, nor did she make any representations in regard to it. Held,</p> <p>(1) An infant’s deed is voidable only, unless it appears upon its face to be to his prejudice, in which case it may be deemed void; and the infant is not estopped by his acts or declarations, or by his silence, during infancy, from asserting, on arriving at full age or within a reasonable time thereafter, the invalidity of such deed;</p> <p>(2) If the money borrowed by the infant had been expended by her otherwise than in the improvement of her lot, the lender would have been without remedy; for it is not a condition of the disaffirmance by an infant of a contract made during infancy .that the consideration received be returned, if, prior to such disaffirmance and during infancy, the specific thing received has been disposed of, wasted or consumed and cannot be returned;</p> <p>(3) Upon the disaffirmance by an infant of his contract, the contract is annulled on both sides, and the parties revert to the same situation as if the contract had not been made;</p> <p>(4) In this case, the inf ant having disaffirmed her deed, she is not entitled, as between herself and the lender, to be protected except in the enjoyment of such rights in the property in question as she had at the time the deed of trust was executed; and the money borrowed by her having