Botsford v. Wilson

Citations

• 75 Ill. 132

Syllabus

<p>1. Covenants — effect of, in married •woman's deed. Under the statutes in force in 1868, a deed made by a married woman, with covenants of warranty, had no more force or effect to bind her or her heirs than a quitclaim deed. Such a deed would pass whatever title she had in the lands conveyed, but neither she nor her heirs could be liable upon any covenants contained in the deed. This rule was not affected or changed by the married woman’s act of 1861.</p> <p>2. Quitclaim deed—grantee has no remedy on failure of title except for fraud. A party accepting a quitclaim deed for land takes the risk of the title, unless some fraud has been practiced upon him, and he cannot recover back the purchase money paid, or resist its payment, if the title fails.</p> <p>8. Fraud — whether representations of title are fraudulent. Where a party accepted a deed for real estate from a married woman, her husband uniting with her, and she represented that she had a good title, honestly believing she had, and furnished an abstract showing her title, but which showed no fact not appearing upon the records, and she used no means to inspire confidence in her title or to induce the purchase, it was held, on failure of the title, that the grantee could not recover back the price paid in a suit against the estate of the married woman.</p> <p>4. Vendor and vendee — right to recover bade price paid, in equity, on ground of mistake. Where land is sold and conveyed without warranty, or by a deed of a married woman, whose warranty is void, under the mistaken belief that the grantor has a title, the real fact being equally unknown to both parties, and where each has equal means of information, and there is no fraud, and the title fails, the grantee can have no relief in equity. It is strictly damnum absque injuria.</p>