Bressler v. Kent

Citations

• 61 Ill. 426

Syllabus

<p>1. Married women—conveyance of their interest in real estate. Instead of proceedings by fine or common recovery under the common law, the interest of a wife in real estate may be conveyed by deed of herself and husband. This can be done only in the precise mode prescribed by the statute. Otherwise such conveyance is void.</p> <p>2. A mortgage or trust creating an incumbrance upon the lands of the wife, in which the husband does not join, is void, and will not be enforced, even though given to secure payment of a note made by herself and her husband for his debt.</p> <p>3. Separate estate of the wife comprises only such rights as she may have independently of her husband, as if feme sole, such as personal property, and the rents, uses and profits of real estate.</p> <p>4. The act of February 21, 1861, “to protect married women in their separate property,” does not go to the extent of authorizing married women to sell real estate without concurrence of the husband. Such power can not be implied, but must be given in direct terms.</p> <p>5. The decision in the case of Toung and Wife v. Graff, 28 Ill. p. 20, overruled.</p>