Lewis v. Graves
Illinois Supreme Court
Appeal from the Circuit Court of La Salle county; the Hon. Edwin S. Leland, Judge, presiding. Mrs. Margaret Winters, the wife of John Winters, living separate from her husband and transacting business in her own name, executed to Graves a mortgage on the west 40 feet of lot 10, in block 117, in the city of LaSalle, part of her separate estate, to secure to him the payment of $600 and. interest, money due him from her as the purchase money of other real estate conveyed to her…
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Appeal from the Circuit Court of La Salle county; the Hon. Edwin S. Leland, Judge, presiding. Mrs. Margaret Winters, the wife of John Winters, living separate from her husband and transacting business in her own name, executed to Graves a mortgage on the west 40 feet of lot 10, in block 117, in the city of LaSalle, part of her separate estate, to secure to him the payment of $600 and. interest, money due him from her as the purchase money of other real estate conveyed to her by him. The mortgage was executed October 27,1866, and recorded on the 13th of November, of the same year. On the 17th…
1Opinion of the CourtJustice Dickey
The decree in this case can not be sustained. It has been settled by this court that the laws relating to the conveyance of the real estate of a married woman were not changed by the Married Woman’s Act of 1861. Cole v. Van Riper, 44 Ill. 58, and Bressler v. Kent, 61 Ill. 426. It follows that the mortgage, as a conveyance, was void, the husband of Mrs. Winters not having joined in its execution. It is, however, contended by appellee that the estate of a married woman should “ be held in equity liable for debts, charges and incumbrances which she expressly charges théreon,” and that a lien…
2Cases cited2 opinions
- Cole v. RiperIllinois Supreme Court · 1867
- Bressler v. KentIllinois Supreme Court · 1871
3Cited by1 opinion
- Thompson v. ScottAppellate Court of Illinois · 1878