153 Ky. 634 | Ky. Ct. App. | 1913
Opinion the Court by
Affirming.
John B. Goff owned at his death ten tracts of land in Pike County, all aggregating something over 5,000 acres. He left surviving him seven children. One of his children, J. D. Goff, conveyed to his wife, Cora Goff one half of his interest in the land. The deed was not re
We do not find in the record any evidence that the deed was obtained by fraud or duress. Mrs. Goff testifies that her husband compelled her to sign the deed, but there was nothing to connect Mrs. Murphy with this or to charge her with notice of it. In fact Mrs. Goff’s testimony as to what took place between her and her husband is incompetent. The proof as to Mrs. Goff’s exact age is by no means conclusive. The deed was made in March, 1905. She testified that she was born in August, 1884, and if-she is correct she lacked some months of being twenty-one years of age when the deed was made. But no one who really knew her exact age was introduced. Her stepfather was introduced but he knew nothing about her age except what he had learned from his wife after their marriage. He introduced as a part of his testimony a record which he made in a new testament. But this record he testified he had made ten or twelve years before he gave his deposition, and he made it on information he had received. This was not a co-temporaneous record and as it was not made by one who knew anything about the facts, adds little to the strength of the plaintiff’s case. But passing this we think the evidence satisfactorily shows that Mrs. Goff represented herself to be of age when the deed was made and by means of this representation secured the payment to her of one-half the consideration. We have held in a long line of cases that an infant representing himself to be of age, and thus securing the price of property, is estopped to set up his infancy against the pur
Judgment affirmed.
