Herdman v. Pace

Citations

• 85 Ill. 345

Syllabus

<p>1. Married women—mortgage by, without joinder by husband. A mortgage, given by a married woman residing with her husband, to secure the purchase money of real estate purchased by her, in which her husband does not join, as required by the statute in force at the time, and acknowledged simply as a feme sole, is absolutely void.</p> <p>3. Chancery practice—relief not sought by the pleadings. On bill to foreclose a mortgage, which is void as being given by a married woman without her husband uniting in its execution, no decree can be entered for the enforcement of a vendor’s lien, where the bill makes no such case, and is not framed for any such relief.</p>