6 Iowa 353 | Iowa | 1858
— There is no evidence that the complainant was compelled to execute the deed of conveyance to defendant, by force or duress, or that it was obtained from him by any fraud, covin or misrepresentation. The allegations of the petition in these particulars, are wholly denied by the answer, and are not sustained by the evidence.
If complainant was an infant at the time of executing the deed, of which fact some doubt may be entertained, upon an examination of the whole testimony, there can be no doubt that he represented himself at the time, to be of full age, and that defendant, from these representations to himself and to others, had good reason to believe him to be of full age. On the day the deed was executed, the complainant sent word to defendant, that he wished to make the deed ; that he was of full age; and could then make as good a deed as he ever could. Under- such circumstances, it is not permitted to complainant to disaffirm his contract, Code, sec. 1489.
But complainant never had any beneficial interest in the land. It is shown, beyond all controversy, that the money
There is nothing on which complainant can base any claim whatever to the land. Holding the title as he did, for the benefit of his father, who had sold the land to defendant, and received the purchase money, we do not see how, even if his infancy was conclusively established, he could have resisted the claim of defendant for the conveyance of the legal title. He would have been required in equity to convey. “ Whatever an infant is bound and compellable to do at law, the same shall bind him, although he does it without suit. Therefore, where an in
Decree affirmed.
Wright, C. J., having been of counsel, took no part in the decision o this cause.