Dinwiddie v. Self

Citations

• 145 Ill. 290
• 33 N.E. 892

Syllabus

<p>1. Conveyance—to a -woman 'and her bodily heirs.” A conveyance of land to a woman “and her bodily heirs,” under section 6 of the Conveyance act, will convey to her only a life estate, with a contingent remainder in fee to her children, if any such shall be born, and in default of heirs of her body, the estate in remainder will lapse, and on her death the land will revert to her grantor.</p> <p>2. Agency—whether a general agency is shown. Where an unmarried woman with her own means purchases the absolute title to land, and allows her father and brother to look after her interest in closing up the purchase, they will not become general agents, so as to bind her by having the deed made to her for herself and the heirs of her body, and thereby bind her to accept such a deed.</p> <p>3. Chancery—reforming a deed to conform to the contract of sale. Where a contract is made for the sale of land in fee without conditions, and the father and brother of the purchaser, without her authority, but voluntarily acting for her without any specific employment, have the deed made to the purchaser and “to her bodily heirs,” and recorded, and the grantee takes the deed under the mistaken belief that it passes the fee to her, she may, on discovery of the fact that it passes only a life estate, have the deed reformed in a court of equity so as to convey the fee.</p> <p>4. When a party offers to sell land without limitation or qualification, for a consideration equal to the cash value thereof, the offer will be considered as of the fee, and when accepted precisely as made, a contract will be consummated for the sale and conveyance of an absolute fee simple title to the land; and a deed which fails, by reason of the use of .technical words, to pass such title, whether by mistake of the legal import of such words or by fraud, will not discharge and satisfy the original contract, and such deed may be reformed so as to convey the title intended to be conveyed by the parties.</p> <p>5. Same—