Vogelsang v. Null

Citations

• 67 Tex. 465
• 3 S.W. 451
• 1887 Tex. LEXIS 908

Syllabus

<p>1. Minor, Deed by.—A minor, nineteen years old, having an interest in land, signed, with her kindred, a deed, which purported to convey the interest of all. Before signing, she refused, when urged to do so, to declare to the officer that she was twenty one years old, and, when the officer asked her age, one of those who had thus urged her, answered that she was twenty-one years old. She remained silent, but signed the deed. Her interest in the purchase money was never paid to her. In a suit, brought on attaining her majority, to recover her interest in the land, held:</p> <p>(1) There being nothing to show that the officer acted as the agent of the purchaser in asking the minor’s age, or that the purchaser was misled by her silence, he not being present when the deed was signed, her rights can not be measured by those of an infant who has induced another person to receive a deed upon his false representation that he was of full age when he signed it. She is not bound by the deed.</p> <p>3. Infancy.—The rule which requires one who seeks, on reaching the age of twenty-one years, to avoid a deed made during minority, to restore the purchase money, does not apply when the purchase money was received by a third party, and never reached the possession of the minor.</p> <p>3. Same—Agency.—The fact that such third party was the recognized agent of the minor to receive the purchase money, is immaterial. A minor can make no agent to perform an act to his injury, and whether the act be beneficial or injurious is left to the minor’s discretion on reaching full age. The object of the law which looks to the protection of minors would be defeated if they could, by interposing an agent, bind their estates in a manner which they are prohibited from doing in person.</p>