Hursen v. Hursen
Illinois Supreme Court
Writ oE Error to the Circuit Court of Cook county; the Hon. C. G. NEERY, Judge, presiding. This was a bill in chancery filed by the plaintiff in error, against the defendant in error, to set aside a deed made by plaintiff in error to defendant in error on April 19, 1901, and recorded in the office of the recorder of deeds in Cook county, to a house and lot located in the city of Chicago, and known as No. 18 Colorado avenue.
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Writ oE Error to the Circuit Court of Cook county; the Hon. C. G. NEERY, Judge, presiding. This was a bill in chancery filed by the plaintiff in error, against the defendant in error, to set aside a deed made by plaintiff in error to defendant in error on April 19, 1901, and recorded in the office of the recorder of deeds in Cook county, to a house and lot located in the city of Chicago, and known as No. 18 Colorado avenue. An answer and replication were filed and upon a hearing in open court the bill was dismissed for want of equity, and the plaintiff in error has brought the record to this…
1Opinion of the CourtJustice Hand
It is undoubtedly the law that a husband, except as to his creditors, if he sees fit, may convey to his wife the whole or any part of his property, and that if the transaction is free from fraud or duress she may hold the same as against the husband or his heirs. If, however, the transfer is procured through the fraud of the wife, equity has the power to set aside the conveyance and to restore the property to the husband.
In Stone v. Wood, 85 Ill. 603, Wood and his wife lived in Galesburg. He went to Bloomington to obtain work. His wife wrote him, representing to him if he would convey his…
2Cases cited4 opinions
- Quinlan v. NobleCalifornia Supreme Court · 1888
- Basye v. BasyeIndiana Supreme Court · 1899
- Turner v. TurnerSupreme Court of Missouri · 1869
- Stone v. WoodIllinois Supreme Court · 1877
3Cited by9 opinions
- Thomas v. ThomasSupreme Court of Oklahoma · 1910
- Bielby v. BielbyIllinois Supreme Court · 1929
- Arliskas v. ArliskasIllinois Supreme Court · 1931
- Johnson v. JohnsonWashington Supreme Court · 1922
- Brixel v. BrixelIllinois Supreme Court · 1907
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