Elder v. Jones

Citations

• 85 Ill. 384

Syllabus

<p>1. Married woman—mortgage without her husband joining. A mortgage executed by a married woman living with her husband, without his joining with her, as required by the statute then in force, and acknowledged in a mode not allowable under such statute, though given to secure the purchase money of real estate conveyed to her, is invalid, and can not be enforced against her, even in equity.</p> <p>2. Same—separate property may be derived from their husbands. If a husband purchases real estate with his own money, and, without any fraudulent intent, procures it to be conveyed to his wife, it will become as much her separate property as if it had been purchased with her own money before marriage.</p> <p>3. Y bndor’s lien—lost by transfer of claim. A vendor’s lien for unpaid purchase money on the sale of land, is lost by a transfer of the evidence of the indebtedness to another.</p> <p>4. Same—not assignable. The law does not authorize the assignment or transfer of a vendor’s lien to the purchaser of notes given for the purchase money. Such a lien is not assignable, but is personal, only to be enforced by the vendor. He can not enforce it by suit in his name for the benefit of another, who is the purchaser of the note.</p> <p>5. Parties in chancery—beneficial party should, sue. A bill in chancery should not be filed in the name of one party for the use of another, but in the name of the real party in interest.</p>