Knox v. Brady
Illinois Supreme Court
Writ of Error to the Circuit Court of Marshall county ; the Hon. Samuel L. Richmond, Judge, presiding. This was a bill in equity to reform a deed for land executed by husband and wife, for a mistake in the description of the property. The court below granted the relief sought.
1Opinion of the CourtJustice Scott
Prior to the passage of the act of 1869, amendatory of the act of 1845, entitled “ conveyances,” it had been uniformly held by the decisions of this court, the deed of a married woman could not be reformed, no matter how clearly it might be established, there had been a mistake in the description of the property intended to be conveyed. Moulton v. Hurd, 20 Ill. 137; Spurck v. Crook, 19 id. 415; Martin v. Hargardine, 46 id. 322.
The principle underlying all the decisions on this subject was the want of legal capacity in a married woman to contract in regard to, and her consequent inability to…
2Cases cited5 opinions
- Russell v. RumseyIllinois Supreme Court · 1864
- Martin v. HargardineIllinois Supreme Court · 1868
- Rogers v. HigginsIllinois Supreme Court · 1868
- Bressler v. KentIllinois Supreme Court · 1871
- Moulton v. HurdIllinois Supreme Court · 1858
3Cited by3 opinions
- Edwards v. SchoenemanIllinois Supreme Court · 1882
- Warner v. CrosbyIllinois Supreme Court · 1878
- Bradshaw v. AtkinsIllinois Supreme Court · 1884