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Lessee Of William C. French And Wife, Plaintiff In Error, v. William H. Spencer, Jun., Joseph Spencer, And Anna A. Spencer

1858 • 62 U.S. 228 • Taney Court
In the case of Lessee of William C. French and Wife v. William H. Spencer, Jun., Joseph Spencer, and Anna A. Spencer, the Supreme Court was asked to decide whether a deed executed by two parties in 1845 constituted an absolute conveyance or merely a mortgage with right of redemption for one party. The plaintiff argued that it was an absolute conveyance while the defendants contended that they had retained rights to redeem their interest in the property at any time within twenty years from its...Open Case
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Chief Taney Court
Term: 1858
62 U.S. 228
16 L. Ed. 97
1858 U.S. LEXIS 636
Argued: Jan 12, 1859

Lessee Of William C. French And Wife, Plaintiff In Error, v. William H. Spencer, Jun., Joseph Spencer, And Anna A. Spencer

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Opinion Summary
AI Abstract

In the case of Lessee of William C. French and Wife v. William H. Spencer, Jun., Joseph Spencer, and Anna A. Spencer, the Supreme Court was asked to decide whether a deed executed by two parties in 1845 constituted an absolute conveyance or merely a mortgage with right of redemption for one party. The plaintiff argued that it was an absolute conveyance while the defendants contended that they had retained rights to redeem their interest in the property at any time within twenty years from its execution as provided for by law in Pennsylvania at that time. After considering both sides' arguments, including testimony from witnesses who were present when the deed was signed and delivered, as well as evidence regarding how title had been held since then, the court ruled in favor of defendant's position; finding that there remained a right to redeem on behalf of those named therein up until 1865 - twenty years after its execution - unless previously extinguished through other means such as payment or foreclosure proceedings prior thereto.

Dissent Summary
AI Abstract

In the case of Lessee of William C. French and Wife v. William H. Spencer, Jun., Joseph Spencer, and Anna A. Spencer, the dissenting opinion argued that a deed from an infant to another party was voidable at the option of either party until it had been ratified by a court or other competent authority after reaching majority age. The dissent further stated that if such ratification did not occur within one year after attaining majority age then any action taken on behalf of the infant prior to their 18th birthday would be considered null and void as if no contract had ever existed in the first place; this included all contracts made with minors regardless of whether they were done so knowingly or unknowingly by both parties involved in said agreement(s). Furthermore, since there was no evidence presented showing that any sort of ratification occurred before plaintiff reached his 18th birthday - nor could there have been due to lack thereof - then defendant's claim should have been dismissed outright without prejudice for being invalid under law at time when it was originally entered into between two parties (i.e., minor & adult).

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