Coburn v. Herrington

Citations

• 114 Ill. 104
• 29 N.E. 478

Syllabus

<p>1. Acknowledgment of deed—requisites—to release dower—under act of 1853. Under the act of 1853, relating to conveyances, the1 certificate of the acknowledgment must show that the wife of the grantor joining with him in a deed was personally known to the officer taking the acknowledgr ment, or proven by a credible witness, in order to release or bar her dower.</p> <p>2. Dower—effect of subsequent deed for other property. Where the certificate of the acknowledgment of a deed made by a husband and wife, of a tract of land, is invalid as to the wife, so that the deed fails to release her dower in the premises, a subsequent deed made by her to the same grantee, for other real estate, is not admissible in evidence against her in a suit by her for the assignment of her, dower in the first named tract.</p> <p>3. Same—as to land held in severalty—against whom the dowress may proceed. Where land in which a widow is entitled to dower, has been divided, by partition, between several different parties, she may properly bring a separate suit against the owner of each portion. She may, perhaps, proceed against all in bne suit, but she is not compelled to do so.</p>