Public-domain · open source
OpenJurist

7 Ind. 316

Davis v. State Bank

Indiana Supreme Court

Decided December 19, 1855

Indiana Supreme Court · decided 1855-12-19

<p>It was competent for the legislature, under the constitution of 1816, to legalize, by a retrospective enactment, a sale of an infant’s land, made under an order' of the Probate Court, without appraisement.</p>

Relies on Doe ex dem. Chandler v. Douglass

Good law ✅— No negative treatment on recordhow we know

Decided 1855-12-19

How this case has been cited

Cited by 5 later decisions — most recently June 1900

5 state decisions

30185518601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1In this case an interest in land of an infant was sold, at private sale, without appraisement. The proceeding was under the code of 1843. It was erroneous; but after it was had, the legislature passed an act legalizing it, and confirming the sale. Local Laws 1846, p. 137.

¶2Under the old constitution, the legislature could pass special acts relative to infant’s estates. Doe v. Douglass, 8 Blackf. 10. And while Andrews v. Russell, 7 id. 474, remains the law of this Court, the statute above cited can not be set aside; and, consequently, the judgment of the Court below in this case, confirming the sale in question, can not be reversed.

¶3The case of Andrews v. Russell, supra, is fully supported by the decision of the Supreme Court of the United States, affirming that of the Supreme Court of Pennsylvania, in Watson et al. v. Mercer, 8 Peters 88, where a statute of Pennsylvania rendering valid a void acknowledgment of a deed by a feme covert, was held constitutional. See, also, Carpenter v. Pennsylvania, 17 How. (U. S.) R. 456.

J Pettit and S. A. Huff, for the appellant.Pe. C. Gregory and R. Jones, for the appellee.

¶4The judgment is affirmed with costs.

/7/ind/316 · .json · Public domain