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77 N.C. 259

Dewey v. Burbank

Supreme Court of North Carolina

Decided June 15, 1877

Supreme Court of North Carolina · decided 1877-06-15

Civil ActioN, tried at Spring Term, 1877, of Beaufort Superior Court, before Eure, J. The plaintiff instituted this action against the defendant to recover the amount due upon certain notes given for th& purchase money of a tract of land in Beaufort County, and to obtain a decree of foreclosure of a mortgage deed executed by tbe defendant to secure the payment of said notes.

Decided 1877-06-15

PeaesoN, C. J.

¶1A minor who makes a contract has his election after arriving at the age of twenty-one years, either to avoid or to confirm the contract.

¶2The fact that the purchaser of land continues to live on it and cultivate it after he arrives at age, together with the fact that he pays a part of the purchase money, amounts to an election to confirm the contract.

¶3No error.

¶4Pee, Cuexam. Judgment affirmed.

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