Greenman v. Greenman

Citations

• 107 Ill. 404
• 1883 Ill. LEXIS 277

Syllabus

<p>1. Limitations—in equity. While the Statute of Limitations does not strictly apply to cases in equity, still equity generally follows the law, and denominates the period the statute will bar, at law, laches, that renders a demand stale.</p> <p>2. Same—estoppel by fraud. The defendant in a suit in chancery to set aside an alleged fraudulent conveyance, and the fraud being established, will be estopped to set up laches as a defence..</p> <p>3. Homestead—in wife, not created by a verbal promise of Imsband to live on lot. A mere verbal promise of a husband to his wife, while temporarily residing in another State, that they would return and use a house and lot of the former in this State as a homestead, will not create or pass to the wife a right to homestead therein, when they fail to occupy the same as a residence.</p> <p>4. Contract—between husband and wife to divide rents of his property, not valid. The mere naked verbal promise of a husband to his wife to give her one-half of the rents of his real estate, without any consideration, does not create a binding contract, or confer upon the wife the right to sue for and recover one-half of such rents, even in equity.</p> <p>S. Ghanceby—distribution of proceeds of sale—under creditor’s bill. Where a receiver is appointed, under a creditor’s bill, to receive and collect rents, under an allegation of the insolvency of the debtor, if this is denied in the answer such rents in the hands of the receiver can not be applied on the creditor’s judgment without proof of the debtor’s insolvency, and that the property subject to levy and sale is not sufficient to satisfy the debt or judgment. In the absence of such proof the court should order the receiver to pay such rents to the defendant—the owner of the land.</p>