Dolph v. Hand
Dolph v. Hand
Opinion of the Court
Opinion by
This case presents an interesting question upon a state of facts that I do not remember to have met with in any decided case. The facts are fortunately free from controversy, so that their legal effect is the only question to be determined. It appears from an examination of the evidence that Alexander Dolph was at the time of his death, in 1860, the owner of a tract of land lying in what is now Lackawanna county, containing seventy acres. He died intestate leaving eight children to survive him. Edward, one of his sons, administered
Whatever may have been held in earlier times, or iu other jurisdictions, in regard to sales and conveyances by a minor, we understand the fair effect of our own cases to be as follows : The deed of James M. Dolph, executed in his minority, did not bind him if, upon coming of age, he decided to disaffirm it. He could affirm or disaffirm at the proper time. His deed was therefore not void, but voidable ; and the right to avoid it was personal to himself. This right ought in j ustice to all the parties, and as a matter of public policy, to be exercised within a reasonable time or be treated as lost by waiver. If one who has this right to elect does not exercise it within a reasonable time, but with full knowledge of his privilege, omits or neglects to assert it, his omission may fairly be regarded as the equivalent of an act of affirmance, and as amounting in fact and in law to ratification. Our cases hold that a voidable deed may be ratified in many ways. It may be done by express words, as by a deed of ratification, a release, a declaration made to one about to become a purchaser, or the like. It may be done by implication
The case of Grimes v. Urban, 2 Grant, 96, comes nearer to this upon its facts than any case in our reports. In that case there had been a conveyance during the minority of the grantor and a delay for fourteen years to disaffirm; and it was held upon the facts of that case that the delay did not amount to an affirmance. The authority of Grimes v. Urban was recognized in Lenhart v. Ream, 74 Pa. 59, but the case went off on another question raised under the statute of limitations. Soullier v. Kern, 69 Pa. 16, which vs^as cited on the argument, did not involve a question of ratification. The title of the minor was saved in that case by the proviso to the act of April 16, 1840, P. L. 413, which made the sale of the property of the minor for taxes irregular and ineffectual. What shall amount
We shall not disturb Grimes v. Urban, but we are not willing to extend the rule there laid down. On the other hand, when the length of the delay in this case is considered in connection with the circumstances to which we have adverted, we conclude that it is unreasonable and that it should be regarded as amounting to a waiver of the right to disaffirm, and therefore the equivalent of an express ratification. It is inequitable to permit one to wait for fifteen years, with a full knowledge of his rights, and allow him then to disaffirm, when the altered situation of the property and the region in which it is located are so evidently the inducement. Great vigilance in the right to disaffirm, ought not to be required of one coming up out of disability. Reasonable opportunity should be given for such an one to become familiar with his situation and his rights. The rule in Grimes v. Urban carries this doctrine of a reasonable opportunity to a great length, beyond which we are not willing to go.
The judgment is reversed.
Reference
- Full Case Name
- Dolph v. Hand, Ex'rs
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- [Marked to be reported.] Seed — Infant—Affirmance—Waiver—Estoppel. An infant who executes a deed during his minority, may upon coming of age disaffirm it, but he must exercise this right within a reasonable time, and if, with full knowledge of his privilege, he omits or neglects to assert it, his omission may be regarded as equivalent to an act of affirmance, and as amounting in fact and in law to ratification. A boy executed a deed when he was about seventeen years of age. In the acknowledgment clause it was stated that he agreed “to ratify the same when he shall become of full age.” He did not ratify the deed when he became of age, but fifteen years after his majority brought ejectment for the land It appeared that during this period he retained the purchase money with the fullest knowledge of the voidable character of the deed, of his own right to disaffirm, of the occupation of the land by lessees, of the erection of improvements thereon, and of the steady enhancement in value of the land by reason of the development of the region in which it was situated. It also appeared that during the whole period the laud was in full view from his house, or was passed by him in going to and returning from his work. Held, that he was not entitled to disaffirm his deed, or recover the land, after such a lapse of time and under such circumstances.