Dale v. Lincoln

Citations

• 62 Ill. 22

Syllabus

<p>1. Deed—delivery.—A husband having enlisted in the United States army in February, 1862, executed to his wife, for the expressed consideration of one dollar, a deed of his real estate, for the purpose of enabling her to dispose of it for the benefit of herself and family in case he should not return from the service. He caused the same to be recorded. The wife never saw the deed until after his death, which took place in October, 1862. She found it in his papers, which he had left in her possession. She knew he had said he was going to make the deed. After his death the wife received the rents of the property, offered it for sale, and finally sold the same : Held, that the facts showed a delivery by the husband, and that the wife’s assent to the transaction was clearly evidenced by her receipt of the rents and offering to sell the property.</p> <p>2. Same—delivery and acceptance.—To render a deed operative there must be a delivery and acceptance. No particular form or ceremony is necessary to constitute either, but there must be satisfactory evidence that the grantee has either actually accepted the deed, or has sought to become the beneficiary under it. It is well settled that a deed may operate by a presumed assent until a dissent appears.</p> <p>3. Deed—husband to wife—validity.—A husband having enlisted in the army during the late civil war, by deed conveyed his whole real estate to his wife for the expressed consideration of one dollar, to enable the latter to dispose of the same for the benefit of herself and family in case of his death. After his death the wife sold and conveyed the same for its full value, and the proceeds were applied toward the support of herself and family. The heirs of the husband after their majority executed their conveyance for the same premises, and their grantee brought ejectment against the party holding under the deed from the wife: Held, on hill filed to enjoin the suit at law, that the husband’s deed to his wife was void at l