Illinois Central Railroad v. Grable

Citations

• 46 Ill. 445

Syllabus

<p>1. Parties—of the joinder of husband and wife. Where an injury is done to the freehold of a married woman, as in the erection of a nuisance adjacent thereto, and the married woman acquired the title to the premises prior to the passage of the act of February, 1861, and the land was in the joint occupancy of the husband and wife, then, in, an action on the case for such injury, the husband and wife must join.</p> <p>2. Or, if the wife acquired the title to the premises after the passage of the law of February, 1861, and such premises were in the joint occupancy of the husband and wife, and their joint rights were invaded, then also, they may join in an action on the case for such injury.</p>