Board of Trustees v. Davison

Citations

• 65 Ill. 124

Syllabus

<p>1. Ackhowledsmeht op deed—as to married women. The certificate of the acknowledgment of a deed by husband and wife, the real estate being that of the wife, was, in substance, the following: That A (the wife) and 33 (the husband) were personally known to the officer as the real persons whose names were subscribed to the instrument; that the said A appeared before him and acknowledged the execution thereof as her free act and deed, for the uses and purposes therein mentioned; and that the said B, husband of the said A, being examined separate and apart, and out of the hearing of his said wife, and the contents being made known and fully explained to him, acknowledged said instrument to be his free act and deed, and that he executed the same, and relinquished his dower, etc., voluntarily and freely, without the compulsion of his wife, and did not wish to retract: Held, that the acknowledgment was wanting in all the substantial requirements of the statute respecting the deeds of married women, and for such defects the deed was absolutely void as to the wife.</p> <p>2. Mistake—power of a court of equity to reform. A court of equity will not correct mistakes in or reform the deeds of married women; but it may as to the husband who joins in the execution, and then it will affect his interest in the lands only.</p> <p>3. School fuim—power to foreclose mortgage before the debt is due, for. breach of conditions. The school law, which provides that where the board of trustees shall require additional security for money loaned, and the same is not given, the treasurer shall bring suit to recover the principal and all interest due on the obligation, enters into and forms a part of every contract for a loan of school funds made under such law; and where such additional security is demanded, and not given, the whole debt matures, and if the debt is secured by mortgage, the same may be foreclosed in equity, the plaintiff not being confined to the remedy by an action at law.</p>