Trace Your Case

ISSUE:

Whether a mortgage executed in favor of a minor who has advanced the whole of the mortgage money is enforceable by him or by any other person on his behalf?

RULE:

The provision of law which renders minors’ incompetent to bind themselves by a contract was enacted in their favor and for their protection, and it would be a strange consequence of this if they are to take nothing under transfers in consideration of which they have parted with their money.

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