Davenport v. Karnes

Citations

• 70 Ill. 465

Syllabus

<p>1. Mabbiaqe conteact—governed by the law of the State where to be performed. Where a resident of this State made a parol ante-nuptial agreement, in 1848, in the State of Pennsylvania, where he was married, and immediately removed to this State, where the contract was to he per. formed: Held, that the law of this State governed, as to its effect and validity, and not that of the State where it was made.</p> <p>3. Same—land purchased in wife's name, in pursuance of parol agreement—husband's curtesy liable to sale. Where a husband purchased land with his wife’s means, taking a simple conveyance to her, in 1854, it was held, that it became the property of the wife, subject to the rights the marriage conferred upon the husband, as to his creditors, notwithstanding a parol ante-nuptial agreement to the contrary, and that his life estate was subject to sale on execution, unaffected by the act of 1861.</p> <p>3. Judgment lien—not affected by acts of debtor. Where two judgments were recovered against a party at the same term of court, which became liens upon his life estate in land, and a levy and sale of the same was made under an execution issued upon one of the judgments, after which the debtor conveyed his interest to a brother, who redeemed from the sale within twelve months: Held, that, by the redemption, the sale became null and void, and the premises were liable to the lien of the other judgment, which could not be avoided by the act of the judgment debtor conveying his equity of redemption.</p>