The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-12-08
SUPREME COURT CASES.
Reported for The Clarion BY w. n. Har peI
Assoraey-st-La~, iseksoa, Miss

Mary ]. ELLIS, Ell. al,

MARY j. ELLIS, e. alp
Lucy C. AFFORD, ct. al.
Appeal from the chaneery court OF
Rankin county. Hon. I. b. Graham,
Chancellor.
Nugent & Melville, for the appel
LIANT.
VIM. Buchanan, for the appellee.
On June l, 1870, Anne J. Afford dled,
intestate, leaving two tracts OF ian1;
called respectively, the "homesteao
tract and the sixteenth section tract.
She left two heirs, her husband, omen
natus Afford, and her daughter, Mary J.,
now Mrs. Ellis, the latter of whom was
born on November u, 1855. In Janua.
~, 1871, Cincinnatus Afford married
| Lucy Afford, to whom was born one
child, Willy Floyd Afford, one OF the
defendants in this snit. On November
u. 1876, Mary J. Afford married Jas h
! Ellis. After some sort of an agreement
| between himself and his daughter, the
terms of which are in dispute, on Dec.
%, 1875, Mrs. Ellis, jointly with her
| husband, who was then minor as we'll
as a fsqe corert, conveyed to her father
| her interest in the two tracts of land
r i0nFEitbu tI0A1 III tAVbhNAt
father, Cincinnatus Afford, at the same
time conveyed to his daughter
a certain tract of land, his In
dividual property, known as the
creek" place. Both went into immedi-
ate possession. Cincinn.tus Afford con-
/ tinued in possession until early in 1850,
wher he died testate, leaving the 'home-
stead and sixteenth section" tracts now
in question to his wife, Lucy Afford and
their daughter, Willy Floyd Afford.
Mrs. Ellis continued, and is now in pos
session of the creek" place. On April
l. 1885. Mrs Ellis and her husband filed
, this bill in chancery against Lucy Al
ford and Willy Floyd Afford, setting
out the above facts and alleging that
? the true agreement between herself and
father was that she should convey to
[ him her interest in the Homestead
2 tract, but not her interest in the six
: teenth section" tract; that this latter
/ tract was fraudulently inserted in the
deed and without her knowledge; thai
e this deed was made while she was still 8
minor, and that she had never ratified
5 it; and praying that the deed of convey
!, ance to her father be cancelled, that the
e true agreement be enforced, and tn,
t parties restored to original rights. Or
i the trial the dispositions of both Mrs
, | Ellis and her husband, Jas. K. Ellis
e we're introduced, and on motion
n suppressed. The chancellor, on the fina
+ hearing, found for the defendants, anC
e dismissed the bill.
e The complainants appealed.
. CAMPBELL, j., delivered the opinion o
= the Court.
d The deposition of Mrs. Euis was prop
e erly suppressed, Code z 1902, but he
% husband is a competent witness, ana hi
It deposition should not have been sup
Is pressed, wherefore we consider the cas-
'e with his testimony as part of it. Thu
considering it we find the issue OF fac
Il against Mrs Ellis on the charge tina
m her father committed fraud upon he
= in the exchange of real estate betwee
4 them. The whole evidence falls ia
short of maintaining the grave charg
made by the bill. 1t Is opposed b
e many probabilities and not supporte
ht by any satisfactory evidence, while th
be clearest and most satisfactory is require
in such case.
1t is true that Mrs. Ellis was not quit
twenty-one years of age, and was maj
ried woman when she made the convey
ance to her father, but she remained /
the possession and dominion of the Ian
is conveyed by her father to her up to tn
or time of exhibiting her bill, and her di'
.. ability as married woman ceased Nov
l, 1880 Under these circumstances
is ancient law that she must be held t
IS have confirmed her voidable act in max
is ing an exchange of lands during he
20 minority. "If an infant exchange land
is and after his full age occupy the land
Ii taken in exchange, the exchange is bt
r come perfect, for the exchange at tn
ne first was not void but voidable." l, g,
ne Lyt (By Thomas) p. 205, , Id, 525.
th This just and wholesome doctrine ha
90 not lost any of its excellence by tn
IS lapse of centuries, and is still the Law
p Tyler on Infancy &c, sec. 40 ct seq.
Id Broacn q. CaidceH, 10 Seeg. d r., II.
ee Theaton q. East, 5 Yerger, fl.
OF Henry y. Root, SO, n. y, 526, and cas-
Is cited
In Bingham on Infancy, p. 81.
rs SchOnler's Domestic Rel, 5SS.
at affirmed.