Almond v. Bonnell

Citations

• 76 Ill. 536

Syllabus

<p>1. Ejectment—plaintiff may recover a less interest than claimed, in his declaration. Under the ejectment act of 1873, tlie plaintiff in ejectment, under a declaration claiming the.fee simple of certain lands, may recover one-half, or any other fractional quantity of the whole, if the proof warrants it.</p> <p>2. Same—under claim in fee, a life estate can not be recovered. But when the plaintiff claims the fee simple title to land in his declaration, he can not recover an estate therein for life or for years.</p> <p>3. Tenancy by the entirety. Where land was conveyed to husband and wife prior to the passage of the Married Woman’s act of 1861, it was held, that both became seized of the entirety, and that neither could dispose of any part without the assent of the other, but the whole must remain to the survivor, and that the act referred to could not have the effect to divest the parties of rights which were completely vested when it took effect.</p> <p>4. Where land is held by husband and wife as tenants by the entirety, as at the common law, the sale of the same on execution against the husband, followed by a sheriff’s deed, will fail to pass any title whatever. It will not pass the undivided half, as in the case of the sale of the interest of one of two tenants -in common.</p>