Sims v. Everhardt
Decision Date | 01 October 1880 |
Citation | 102 U.S. 300,26 L.Ed. 87 |
Parties | SIMS v. EVERHARDT |
Court | U.S. Supreme Court |
APPEAL from the Circuit Court of the United States for the District of Indiana.
This case shows that the complainant was married July 14, 1844, to John B. Sims. She was then a minor less than seventeen years old, having been born Sept. 25, 1828. Her father, April 3, 1845, conveyed to her in fee the tract of land in controversy, and, May 28, 1847, she, joining with her husband, executed a deed therefor to Magdalena Everhardt. The deed, subscribed by her and her husband in the presence of a magistrate, was acknowledged in due form, and the purchase-money paid. Mrs. Everhardt went into immediate possession, paid a mortgage upon the property, paid taxes, continued in possession, and made improvements until her death in 1871. The defendants are her devisees.
When the deed was made, some doubts appear to have been entertained upon the question whether the complainant was then of full age, and to remove them she signed the following statement, which was written on the deed:—
'ANN M. SIMS.'
There is evidence that early in her married life, before the deed was made, she received very ill treatment from her husband; that he insisted upon her selling the place; that he employed threats; that she became afraid of him; that a look from him would make her do almost anything; and that she knew nothing of any arrangement to sell the property until the deed was brought for her to sign in her own house.
On the fourteenth day of February, 1870, the complainant was divorced from her husband, for his own fault. In the month of March next following, or early in April, she disaffirmed her deed to Mrs. Everhardt and demanded possession of the land. Her demand not having been complied with, this suit was brought to set aside the deed, and for an account of the rents and profits of the land, as well as of the amount she is in duty bound to pay to the defendants on account of the purchase-money paid by the grantee, and the mortgage afore-said.
The other facts are stated in the opinion of the court. The Circuit Court, upon a final hearing, dismissed the bill. The complainant appealed.
When the deed was executed, the Revised Statutes of 1843 were in force in Indiana. Art. 2, c. 28, contains the following provisions:—
' .
' .
' .
' .
' .
1. The deed of an infant is merely voidable, and not void, although the grantor be a feme covert. This is the rule at common law. Zouch v. Parsons, 3 Burr. 1794. It has been recognized in this court and in the several States. Tucker v Moreland, 10 Pet. 58; Irvine v. Irvine, 9 Wall. 617; 3 Washburn on Real Prop. 559, note 6, citing Phillips v. Green, 3 A. K. Mar. (Ky.) 11; Webb v. Hall, 35 Me. 336; and many other cases. It has been repeatedly so declared by the Supreme Court of Indiana. Doe v. Abernathy, 7 Blackf. (Ind.) 442; Hartman v. Kendall, 4 Ind. 403; Pitcher v. Laycock, 7 id. 398; Johnson v. Rockwell, 12 id. 77; Chapman v. Chapman, 13 id. 366; Miles v. Lingerman, 24 id. 385; Law v. Long, 41 id. 586; and Scranton v. Stewart et al., 52 id. 68. The last case fully disposes of every issue in this record, and led to the decree from which this appeal was taken. It has not been overruled or qualified by any later case.
In the absence of any decision by that court, we should suppose the deed of an infant feme covert, in which her husband joined, to be good and effective. By marriage, guardianship is terminated. This common-law rule has been declared expressly by statute in Indiana. The Revised Statutes of 1843, sect. 102, c. 35, enact that 'the marriage of any female, under guardianship as a minor, to any person of full age, shall operate as a legal discharge of her guardianship, in like manner as if she had arrived at full age.' The act of June 9, 1852, sect. 12, c. 4, omits the words italicized, and adds: 'And her guardian shall account to the husband of the ward in the same manner as if she had arrived at full age.' The Supreme Court of Indiana holds that the guardianship being thus terminated, an infant married to a man of full age can have no guardian. State v. Joest, 46 Ind. 235; Ex parte Post, 47 id. 142. The husband takes the place of the guardian, and the Revised Statutes of 1843, sect. 17, c. 28, art. 2, would seem to empower a married woman of any age to unite with him in making title. It has, however, been held that the section merely authorizes a minor wife to join in a conveyance which might be avoided by her within a reasonable time after attaining her majority. Scranton v. Stewart et al., supra.
2. The deed being only voidable, Mrs. Sims, if she desired to avoid it, was bound to do so, within a reasonable time after becoming of age; and a period of twenty-one years is not a reasonable time. Hartman v. Kendall, 4 id. 403; Law v. Long, 41 id. 599, citing numerous cases, especially Bool v. Mix 17 Wend. (N. Y.) 119; Scranton v. Stewart et al., supra, and cases there cited. Some positive act of disaffirmance is required; silence is affirmance. See above cases, and also Doe v. Abernathy, 7 Blackf. (Ind.) 442; Babcock v. Bowman. 8 Ind. 110; Dearborn v. Eastman, 4 N. H. 441; Robbins v. Eaton, 10 id. 561; Emmons v. Murray, 16 id. 385; Wallace v. Lewis, 4 Harr. (Del.) 75; Hastings v. Dollarhide, 24 Cal. 195. These cases held that such act of disaffirmance must be done within a reasonable time. Irvine v. Irvine (9 Wall. 617) calls four years a long time. That period was held sufficient evidence of ratification in Wallace v. Lewis, supra; so was six years in New Hampshire, 10 N. H. 561; 16 N. H. 385; and nine years in New York, 11 Johns. (N. Y.) 539; Richardson v. Boright, 9 Vt. 368, 371; Kline v. Beebe, 6 Conn. 494; Wheaton v. East 5 Yerg. (Tenn.) 41. Hartman v. Kendall (4 Ind. 403) declares thirteen years to be an unreasonable delay. These decisions also declare that the question as to what constitutes reasonable time must be determined by the peculiar circumstances of each case.
In this connection we rely upon the statement of Mrs. Sims, subjoined to the deed. We never supposed that she could make her deed effective by merely averring capacity; but the deliberate averment of a fact known to her, but not to her grantee, must operate to shorten the period within which it would be reasonable to permit her to avoid her deed by proof of a different state of things from that so averred. The fact that after 1852 she might have brought suit without joining her husband is also an element to be considered. Even if not bound to sue while covert, she was bound to disaffirm. Disaffirmance is a preliminary act: a fact vital to be proved and to be seasonably performed. The time for its performance will not be extended by delaying the suit. Bool v. Mix, supra. As the consideration was obtained by her false pretences, it might well be held that she would be barred by an acquiescence extending throughout the time within which she would have been liable to indictment therefor. Neither in civil nor criminal procedure is it a conclusive presumption that a woman acts under the coercion of her husband. The facts in this case rebut that presumption.
The fact of coverture does not excuse an act of positive fraud, such as her signing the false statement...
To continue reading
Request your trial-
Glenn v. United States
...of the common law to toll the period of limitations during minority or other recognized legal disability. See: Sims v. Everhardt, 1880, 102 U.S. 300, 309, 310, 26 L.Ed. 87; cf. Sgambati v. United States, 2 Cir., 1949, 172 F.2d At the very moment § 2501 became law, § 2401(a) and (b) likewise......
-
Lindell Real Estate Company v. Lindell
... ... Leaton, 71 Mo. 358; Bollinger v ... Chouteau, 20 Mo. 89; Chew v. Hyman, 7 F. 16; ... Baker v. Morris, 10 Leigh, 284; Sims v ... Everhardt, 102 U.S. 300; Bryan v. Kales, 134 ... U.S. 126; Cole v. Grigsby, 35 S.W. 684; Tate v ... Greenlee, 2 Hawks (N. C.), 486; ... ...
-
Greer v. Fontaine
...test. 48 Ark. 183; 51 Ark. 275. As to infants the doctrine of estoppel is not available. 57 Ark. 61; 62 Ark. 316; 30 F. 679; 38 F. 482; 102 U.S. 300; 110 Ill. 16; Sandf., 224; 25 Cal. 147; 62 Ind. 111. If one knowingly permits another to improve his land without making known his claim, he c......
-
Clifford Stanley Spencer v. Lyman Falls Power Co.
... ... disaffirmance. Boody v. McKenney , 23 Me ... 517, 524; Davis v. Dudley , 70 Me. 236, 35 ... A.L.R. 318, 319; Sims v. Everhardt , 102 ... U.S. 300, 312, 26 L.Ed. 87; Donovan v ... Ward , 100 Mich. 601, 59 N.W. 254, 255; ... McMurray v. McMurray , 66 ... ...