Anderson v. Armstead

Citations

• 69 Ill. 452

Syllabus

<p>1. Payment—accepting void conveyance as a payment in ignorance of the facts. Where a party-accepts a deed in payment of a debt, and receipts the same, in ignorance of the fact that the deed is a nullity, there being no such property in existence as it assumes to convey, this will be no payment, and he will not be concluded by his receipt.</p> <p>9. Estoppel—holding another out as the owner of party's property. Where the owner of property holds out another, or allows him to appear as the owner of, or as having full power of disposition over the property, and innocent parties are thus led into dealing with such apparent owner or person having the apparent power of disposition, they will be protected.</p> <p>3. The rights of persons so dealing in such a case, do not depend upon the actual title or authorhy of the person with whom they have directly dealt, but they are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power he caused or allowed to appear to be vested in the person, upon the faith of whose title or power they dealt.</p> <p>4 Same—rule of, applies to married women in respect to their separate property. Married women, in having the powers and privileges of femes sole conferred upon them, with respect to their property, must assume the responsibilities and duties which necessarily follow, and if a married woman holds out to the world that her husband owns her property, or allows him so to act as to induce such belief, or that he has power to bind her, others dealing with him, oh the faith of its truth, will be protected against her.</p> <p>5. Where a married woman, being in the possession of a house and lot with her husband, neglects to record the deed, showing her title, until after her husband has contracted for improving the same, and knows of the fact that her husband has made such contract, and is present on several occasions at the house, during the progress of the work, and h