Boykin v. Collins

• Decision Date: 07 June 1904
• Parties: BOYKIN v. COLLINS.
• Court: Alabama Supreme Court

37 So. 248

140 Ala. 407

BOYKIN v. COLLINS.

Supreme Court of Alabama

June 7, 1904

Appeal from Montgomery City Court; A. D. Sayre, Judge.

Action of ejectment by F. M. Boykin against Joseph S. Collins. From a judgment for defendant, plaintiff appeals. Affirmed.

The grounds of the plaintiff's contention and the facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. The decree which was rendered by the city court of Montgomery in equity upon the petition filed by the plaintiff to be removed of his disabilities of nonage was in words and figures as follows: "Petition to relieve the said Marshall Boykin of the disabilities of nonage. This cause, coming on to be heard on the day set for the hearing of the same, to wit, on the 20th day of February, 1893, and it appearing to the satisfaction of the court from an inspection of the petition in the cause and from the affidavits of George Stuart and J B. Trimble filed therein that it will be to the interest of the said Marshall Boykin to be relieved of the disabilities of nonage, and that the said Marshall Boykin is over the age of eighteen years, and of discreet and mature judgment, and competent to manage his own property and business, it is therefore, ordered, adjudged and decreed that the disabilities of nonage of the said Marshall Boykin be, and the same are hereby, removed, so as to invest him with the right to sue and be sued, contract and be contracted with, to buy, sell, and convey real estate, and generally to do and perform all acts which such minor could lawfully do if twenty-one years of age." The cause was tried by the court without the intervention of a jury, upon an agreed statement of facts, and upon such facts the court rendered judgment in favor of the defendant, to the rendition of which judgment the plaintiff duly excepted. The plaintiff appeals and assigns as error the rendition of judgment in favor of the defendant.

J. M Chilton and W. S. Thorington, for appellant.

Gordon Macdonald, for appellee.

SHARPE J.

This appeal is from a judgment rendered for the defendant in a statutory action of ejectment. Defendant holds the land under a deed for a half interest therein executed by the plaintiff when he was a minor, but subsequent to a chancery decree for the removal of his disabilities of nonage. The trial was had upon an agreement of facts together with an agreement providing, in substance, that the judgment should turn upon the validity vel non of the proceedings for removing plaintiff's disabilities, and be rendered for him only in the event those proceedings were void. The chancery proceedings were begun by a petition filed on the 16th day of January, 1893, by plaintiff and his guardian under that provision of the statute which authorizes the removal of a minor's disabilities "whenever such minor having...