Opinion
March Term, 1795
An infant who makes a deed can confirm it verbally after becoming of age.
EJECTMENT. Plaintiff and defendant both claimed under one Wright, who while an infant had conveyed to Houser, and, after full age, to Reynolds; but after coming of age, and before he conveyed to Reynolds, he said to Houser: "I will never take advantage of my having been an infant at the time of executing the deed, and it is my wish that you should keep the land." Mr. Whyte cited some cases from Bac. Ab., Verb, Infant, where such or the like words had been held to be a confirmation of the deed. (144)
directed the jury to find for the plaintiff; and they did so. There were many other points made by the counsel in the argument of this case, but the whole cause seemed at length to turn upon this only, and therefore the others are omitted.
Cited: Leak v. Gilchrist, 13 N.C. 73.
Overruled: Hoyle v. Stowe, 19 N.C. 327; Ward v. Anderson, 111 N.C. 117.