Danville Seminary v. Mott

Citations

• 136 Ill. 289
• 28 N.E. 54

Syllabus

<p>1. Consideration—deed to children of grantor—■natural love and affection. A deed from a mother, of a part interest in land, to her two •daughters, will not be held colorable, only, because no money consideration was paid, natural affection being a good consideration, in the absence of proof of any arrangement by which the grantees were to hold the title conveyed to them, in trust for the grantor.</p> <p>2. Tenancy in common—how created—out of an estate in severalty. A tenancy in common may arise out of what was before an estate in severalty, by a grant of an undivided part thereof to another, by virtue of which the grantor and grantee will become co-tenants with each other.</p> <p>• 3. Same—and herein, as to the right to partition. So where the owner of a tract of land, by way of gift, conveys an undivided one-third part thereof to her two daughters, they will become tenants in common with the mother, and under the statute will have the right to compel a partition by bill in chancery.</p> <p>4. Corporation—dissolution—as a result of a judgment of forfeiture. A judgment in a proceeding by scire facias by the People, against a •corporation, as, a seminary, to the effect that the corporate rights and privileges of the defendant be and they are thereby declared forfeited, together with all its franchises and privileges as a corporation, where there has been no waiver of the forfeiture, will operate to produce a dissolution of the corporation.</p> <p>5. Same—reverter of property donated—on dissolution of corporation. Lands donated to a corporation of learning, as, a seminary, which have not already been properly alienated, will revert to the donor upon the subsequent dissolution of the corporation.</p> <p>6. Same—power to sell and convey—to prevent a reverter. Where a seminary of learning is authorized by its charter to grant, bargain, sell, convey, etc., or otherwise dispose of its property for the use of such institution, in such manner as shall seem most beneficial