Barrows v. Barrows

Citations

• 138 Ill. 649
• 28 N.E. 983

Syllabus

<p>1. Deed—delivery. Where a person, in anticipation of his marriage-, executed and acknowledged a deed for a house and lot to his intended wife, and handed the same to his attorney, with instructions to deliver it to the grantee as soon as the marriage was solemnized, and two days after the marriage the attorney returned the deed to the grantor: Held, that this did not constitute a delivery of the deed to the grantee, and that the possession of the attorney was the possession of the grantor, who did not thereby part with all control over the deed.</p> <p>2. Same—invalid as to homestead—effect of. A conveyance of land occupied as a homestead, not executed as required by the statute, when there is no abandonment or- delivery of possession, can have no effect upon the estate of homestead; and when the property is subject to such estate, and is not worth exceeding $1000, the conveyance is invalid, and passes no title. But when the property is worth more than $1000, the conveyance passes the title subject to the estate of homestead, or, rather, it passes the excess over the amount of the homestead-right.</p> <p>3. A conveyance of a homestead by a husband to his wife, worthless than $1000, without its release in the statutory mode, there being no abandonment or transfer of possession, is invalid to pass the title, the same as if the deed were to a stranger. If the homestead is of greater-value than $1000, such deed will be operative as to such excess, only.</p> <p>4. Same—husband to wife. Under our present statute, a conveyance by a husband directly to his wife is valid, so as to vest in her all his title capable of being transferred by the instrument of conveyance. The validity and effect of such a conveyance must be viewed in the same light as if any other person not sustaining to the grantor the marital relation, was the grantee.</p> <p>5. Same—unrecorded — when subsequent deed set aside. Where a party accepts a deed subsequent'to a prior unrecorded one, under such ci