Though a transaction with an infant is merely voidable, it is unlike contracts voidable for fraud or other equitable ground in this respect; even a bona fide purchaser for value of property formerly belonging to an infant, without notice that the seller acquired title directly or indirectly from an infant, cannot retain the property if the infant elects to rescind his transfer of title,38 and a purchaser for value of even an
30 Hesaer v. Steiner, 5 Watte 4 S. 476.
31Keane v. Boycott, 2 H. Bl. 511; Nightingale v. Withington, 15 Mass. 272, 8 Am. Dec. 101.
32Illinois Land &. Loan Co. v. Bonner, 76 111. 315 Gillenwaters v. Campbell, 142 Ind. 629, 41 N. E. 1041; Harvey v. Briggs, 68 Miss. 60, 8 So. 274,10 L. R. A.62; O'Rourke v. Hall, 38 N. Y. App. Div. 634, 66 N. Y. S. 471; Walton v. Gaines, 94 Tenn. 420, 29 S. W. 468; Veal v. Fortson, 67 Tex. 482; Blake v, Hollandsworth, 71 W. Va. 387, 76 S. E. 814, 43 L. R. A. (N. S.) 714.
32a Jefford v. Ringgold, 6 Ala. 544; Shropshire v. Burns, 46 Ala. 108; Parsons v. Hill, 8 Mo. 135; Tillinghast v, Holbrook, 7 R. I. 230.
33 Chandler v. Simmons, 97 Mass. 60S, 93 Am. Dec. 117. In Hughes p.
Murphy, 5 Ga. App. 328, 63 3. E. 231, a guardian was held entitled to set aside an infant's sale though the infant objected. Cf. Irvine's Heira v. Crockett, 4 Bibb, 437; Oliver v. Houdlet, 13 Mass. 237, 7 Am. Dec. 134.
34Perkins' Profitable Book, Sec.12.
36 Whittingham's Case, 8 Coke, 42 b, 43 a; Levering v. Heighe, 2 Md. Ch. 81; Austin d. Trustees of the Charles-town Female Seminary, 8 Metc. 196, 41 Am. Dec. 497; Singer Mnfg. Co. v. Lamb, 81 Mo. 221. See also Riley v. Dillon, 148 Ala. 283, 41 So. 768.
37Griasom v. Beidleman, 35 Okl 343, 129 Pac. 853. See also Baker v. Kennett, 64 Mo. 82.
38 So held in regard to sales of goods infant's negotiable note will be defeated by a plea of infancy, 39 since the personal privilege of the infant is a legal right, which can be exercised against any one.40 This rule has, however, been changed in the Uniform Sales Act,41 which makes no exception in favor of infante to the rule that a bona fide purchaser for value from one who has a voidable title acquires a good title. No statutory change, however, has been made in the rule that an infant may avoid his obligation on a negotiable instrument in the hands of a holder in due course.