Bute v. Kneale
Illinois Supreme Court
Writ of Error to the Circuit Court of Ford county; the Hon. Owen T. Reeves, Judge, presiding. This was a hill in chancery, brought by Elizabeth Bute, the plaintiff in error, to the December term, 1883, of the Ford county circuit court, against William Kneale and others, the defendants in error, for the assignment of dower in certain lands particularly described in the bill.
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Writ of Error to the Circuit Court of Ford county; the Hon. Owen T. Reeves, Judge, presiding. This was a hill in chancery, brought by Elizabeth Bute, the plaintiff in error, to the December term, 1883, of the Ford county circuit court, against William Kneale and others, the defendants in error, for the assignment of dower in certain lands particularly described in the bill. Upon the hearing, the court found the equities with the defendants, and entered a decree dismissing the bill, to reverse which- the conrplainant brings this writ of error. The facts, so far as material to a decision of the…
1Opinion of the CourtJustice Mulkey
The only question presented by this record necessary for a determination of the case, is, whether a married woman, under the Revised Statutes of 1874, having an inchoate right of dower in a piece of land belonging to her husband, can bar or extinguish such right by voluntarily joining him in a mortgage, or other conveyance of the land, sufficiently formal to pass his interest, where the instrument contains no certificate of acknowledgment on her part, or where the certificate is manifestly defective, as is the case here.
Notwithstanding the able and exhaustive argument of the plaintiff’s…
2Cases cited1 opinion
- Terry v. Trustees of Eureka CollegeIllinois Supreme Court · 1873
3Cited by1 opinion
- Lancaster v. RobertsIllinois Supreme Court · 1893