6 Me. 89 | Me. | 1829
delivered the opinion of the court.
Certain deeds made by a minor are void ; others are voidable only at his election. There has been some obscurity in the books, as to the principle, upon which this distinction is made. By some cases, those seem to have been considered voidable which were beneficial, or carried a semblance of benefit, to the infant. The law upon this point, as laid down in Perkins, sec. 12, is, that, all gifts, grants, or deeds, made by infants, which do not take effect by delivery of his hand are void; but all gifts, grants, or deeds, which do take effect by delivery of his hand, are voidable. This was adopted as sound law in Zouch v. Parsons, 3 Burr. 1794, and in subsequent cases. Letters of attorney, or deeds which delegate a mere power, and convey no interest, are put as examples of the former class ; and deeds of land, or which convey an interest, of the latter. The deed of an infant, therefore, conveying his land, whether absolutely or on condition, is not void but voidable. The deed under which the demandants claim, is of this description. On the one hand, it is insisted that it has been avoided by the grfntor, after he arrived at full age ; on the other, that it has been affn'med.
In the case of Zouch v. Parsons, Lord Mansfield discusses the privilege of infants, which he says was given as a shield, and not as a sword | and that it ought never to be turned into an offensive