37 Tenn. 659 | Tenn. | 1858
delivered the opinion of the Court.
This was an action for breach of promise of marriage. The defense is, that at the time of making the promise, the “ defendant was an infant under the age of twenty-one years, to-wit: of the age of nineteen years.” To this plea there was a demurrer, which was overruled, and the plea declared to be a bar to the action.
The age of consent to marriage by the common law, which we have adopted, is, fourteen in males, and twelve in females. If a marriage takes place, either party being under that age, it is inchoate and voidable; yet, if the parties, when they arrive at the age of consent, above stated, agree to continue together, it is so far a marriage that they need not be married again. But, if the parties be of the age of consent, though under the age of twenty-one, the marriage is valid and obligatory; although it may have taken place without the consent of the parents or guardians. The Governor vs. Rector, 10 Humph., 57; Macpherson on Infants, ch. 17. It is well settled, however, that although a marriage, actually consummated, of a minor above the age of consent, cannot be disagreed to or avoided, on his arriving at full age; yet the contract, or promise of marriage, of an infant under the age of twenty-one, so long as it remains executory, may be avoided on the
It follows, that the jndgment of the Court on the demurrer was correct, and it will be affirmed.