Village of Western Springs, Ill. v. Collins
Court of Appeals for the Seventh Circuit
In Error to tlie Circuit Court of the United States for the Northern District of Illinois. This suit was brought by the village of Western Springs, Ill., the plaintiff in error, against Ruth S. Collins to recover upon a covenant, in her deed to the plaintiff in error of certain described premises, to pay and discharge at maturity a certain described trust deed or mortgage, with apt allegations in the declaration of failure on her part, and of payment of the incumbrance by…
Read the full summary
In Error to tlie Circuit Court of the United States for the Northern District of Illinois. This suit was brought by the village of Western Springs, Ill., the plaintiff in error, against Ruth S. Collins to recover upon a covenant, in her deed to the plaintiff in error of certain described premises, to pay and discharge at maturity a certain described trust deed or mortgage, with apt allegations in the declaration of failure on her part, and of payment of the incumbrance by the plaintiff in error, and making pro fort of the deed. Thereupon the defendant craved oyer of the supposed instrument in…
1Opinion of the CourtJenkins, Circuit Judge
We take it that the production of the deed upon the prayer of the defendant made the instrument produced a part of the plaintiff’s declaration, to the same extent as though it had been set out in hsec verba in, and made part of, the declaration. 1 Chit. PL 433. It therefore appears on the face of the declaration that the covenant sued on was that of a married woman, which at common law was inoperative because of her inability to contract. Jackson v. Vanderhey-den, 17 Johns. 167. The statute of the state of Illinois with respect to the rights and liabilities of married women, which governs the…
2Cases cited4 opinions
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Snell v. SnellIllinois Supreme Court · 1888
- Sanford v. KaneIllinois Supreme Court · 1890
- Central Trust Co. v. East Tennessee, V. & G. Ry. Co.District Court, E.D. Tennessee · 1895
3Cited by2 opinions
- Morehouse v. Employers' Liability Assurance Corp.Supreme Court of Connecticut · 1935
- French v. SlackSupreme Court of Vermont · 1915