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Keywords

contracttrustleaseforeclosure

contractdefendanttrustleasesustained

Related Cases

Human v. Hartsell, 24 Tenn.App. 678, 148 S.W.2d 634

Facts

Raymond Human, at the age of 20, executed a deed of trust to secure a bond for his father, who was indicted in federal court. After his father failed to appear, the bond was forfeited, and the property was sold at a foreclosure auction for $35, despite its value being around $2,000. Human did not contest the sale until 14 years later, after his mother had maintained possession of the property.

Raymond Human, 35 years of age, filed the bill herein on March 13, 1939, to have removed as a cloud upon his title a trustee's deed executed by J. A. Vines, Trustee, to the defendant A. S. Hartsell upon the ground that, at the time of the execution of the trust deed under which Vines acted as trustee, complainant was only 20 years of age and, because of his minority, unable to execute a valid deed of trust.

Issue

Whether the trustee's deed executed when Raymond Human was a minor was void or voidable, and whether Human's delay in contesting the deed barred his claims.

Rule

Contracts executed by minors are generally voidable rather than void, allowing the minor to disaffirm the contract upon reaching the age of majority.

The last case in Tennessee holding a minor's contract void and adopting as the criterion for determining whether a given contract is void or only voidable the prejudicial, uncertain or beneficial effect upon the rights and interests of the minor, appears to be the case of Robinson v. Coulter, supra, decided November 12, 1891.

Analysis

The court applied the modern rule that contracts of minors are voidable, determining that the deed of trust was not void but could be ratified or disaffirmed by Human after he reached majority. The court found that the execution of the deed was beneficial to Human, as it aimed to release his father from prison, which could improve the family's circumstances.

The Chancellor was further of opinion that, the father being legally bound to support complainant, the release of the father from prison enabled him to discharge this legal duty and that the execution of the deed of trust for that purpose was for the benefit of complainant or, at least, whether or not the execution of the deed of trust was to the benefit of the minor was uncertain and, therefore, under the rule stated, should be sustained as voidable rather than held to be a void contract.

Conclusion

The court affirmed the dismissal of Human's suit, ruling that the deed was valid and that his claims were barred due to his failure to disaffirm the deed after reaching majority and the long delay in bringing the suit.

We find all of the assignments without merit and it results that the decree below must be affirmed with costs.

Who won?

A. S. Hartsell prevailed in the case because the court upheld the validity of the trustee's deed and dismissed Human's claims.

The court held that the deed was voidable rather than void, and Human's failure to disaffirm it after reaching majority barred his claims.

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