Thompson v. Strickland

Citations

• 52 Miss. 574

Syllabus

<p>1. Voidable Acts : Confirmation thereof by acquiescence.</p> <p>There may be a waiver of right or the confirmation of a voidable act by acquiescence. An election to abide by the act may be implied from an unreasonable delay in taking steps to set it aside. Reasonable diligence is exacted if the party elects to avoid the transaction. But to lay down any .precise rule on the subject is impossible, in the nature of things; each case must be governed by its own peculiar circumstances. Confirmation may be inferred from positive acts, or from tacit assent under circumstances not to excuse silence.</p> <p>■2. Samb: Reasonable time.</p> <p>Reasonable time is no determined number of days or months, as applied to every case, like the statute of limitations, but must be determined in each case upon all the elements of it which affect that question. The character of the property has much to do in determining a,reasonable time to make an election. A much longer time is allowed in cases of real estate than where the property is of fluctuating value.</p> <p>• 3. Same : Statute of limitations.</p> <p>In 1859 Mary I\\, being about eighteen years of age, married H. In 1860 she l took possession of her part of the estate. In 1861 she attained majority, and in 1866 this suit was brought. The state seceded before Mrs. H. attained majority. In 1861 suits to collect debts against persons in the military service of the state were prohibited.' In August, 1861, the collection of all debts by suit was prohibited. Six months later the statute of limitations was suspended. The war closed, technically, April 2, 1866, though active hostilities ceased in the spring of 1865. Held, that it would do violefiee to reason to hold that under such circumstances as these confirmation or assent is to be inferred from the non-assertion of legal rights in a court of justice; that the policy and measures of legislation looked to a suspension of legal rights until the war ended.</p> <p>■ 4. Same : Case in ¡j