Grove v. Jeager

Citations

• 60 Ill. 249

Syllabus

<p>1. Mohtga&e — trustee—husband and wife. Where a husband and wife held land in equal parts, and it was agreed that the husband should purchase the wife’s half at a stipulated price, a part of which he paid, and to secure the balance he and his wife conveyed to a trustee, who conveyed to the husband, and lie gave to the trustee anote for the balance of the purchase money, and a mortgage on the premises to secure its payment, and the trustee afterwards transferred the note and mortgage to the attorney of the wife for collection, and he brought a bill to foreclose the mortgage: Held, that, as between the husband and wife, the note and mortgage amounted to no more than an unexecuted voluntary promise by the husband tó give her that sum of money, and that equity will not enforce such a promise against the land of the husband previously held.</p> <p>2. But in such a case, it would be a fraud on the wife to permit the husband to retain the title to the half of the land previously held by her, and that a foreclosure would be allowed as to that half.</p> <p>3. Same — cancelling conveyance. Where a wife, by threats of abandoning her husband, and that she would not live with him, procured from him a.conveyance,'through a trustee, of a half of a tract of land, and he acquiesced therein for a considerable time: Held, that such acts do not constitute grounds for cancelling the deed from him to her.</p>