Hogan v. Hogan
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. The appellant, Cornelius Hogan, filed a bill against ¡the appellee, Ellen Hogan, his wife, for the specific performance of the following contract: “Chicago, December 30, 1871. “ I hereby agree to deed and convey to my husband, Cornelius Hogan, in his own name, forever, the certain piece of real estate, to-wit: sub-lot 10, of lot 4, in block 21, in the Canal Trustees’ Subdivision of the…
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. The appellant, Cornelius Hogan, filed a bill against ¡the appellee, Ellen Hogan, his wife, for the specific performance of the following contract: “Chicago, December 30, 1871. “ I hereby agree to deed and convey to my husband, Cornelius Hogan, in his own name, forever, the certain piece of real estate, to-wit: sub-lot 10, of lot 4, in block 21, in the Canal Trustees’ Subdivision of the City of Chicago, Illinois, providing when my husband, Cornelius Hogan, will put improvements to the amount of $2,000 on…
1Opinion of the CourtJustice Baker
At common law a married woman was utterly powerless to convey her real estate by deed or other instrument, and she could only accomplish that object by levying a fine or suffering a common recovery. Nor could she enter into any valid or binding contract for its sale or conveyance; such contract, if attempted, was not merely voidable but absolutely void; equity had no jurisdiction to decree the specific'performance of such contract, and she was not estopped from afterwards asserting her title because she had received the value of the land as purchase money.
These clogs to alienation have…
2Cases cited8 opinions
- Cole v. RiperIllinois Supreme Court · 1867
- Cookson v. TooleIllinois Supreme Court · 1871
- Dale v. LincolnIllinois Supreme Court · 1871
- Patten v. PattenIllinois Supreme Court · 1874
- Oglesby Coal Co. v. PascoIllinois Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Edwards v. SchoenemanIllinois Supreme Court · 1882
- O'Dea v. ThromAppellate Court of Illinois · 1928
- Thompson v. MinnichIllinois Supreme Court · 1907
- Dean v. ShreveIllinois Supreme Court · 1895