Indianapolis, Bloomington & Western Railway Co. v. McLaughlin

Citations

• 77 Ill. 275

Syllabus

<p>1. Married woman—what will be regarded her sole and separate property. Where real estate was conveyed to a married woman in 1803, although the husband may have furnished the purchase money, it was held, that the title became as completely vested in the wife as her sole and separate property, as if it had been purchased with money derived from a stranger, and with which he had no connection, and that the husband had no estate therein during the coverture.</p> <p>2. Parties at law—injury to real estate. Where a husband and wife are in the actual possession of land which is the sole and separate property of the latter, they may recover jointly for an injury to their possession; but for an injury to the reversion, the wife alone must sue.</p> <p>3. Same—injury to the possession of land. The owner of the fee of land can not maintain an action to recover damages done to the possession of the property while in the occupancy of a tenant. He can recover only for injuries affecting the reversion.</p> <p>4. Measure op damages.—to building erected after the construction, of railroad on the lot. Where, after the location and construction of a railroad over a portion of a lot, the owner erected a dwelling house upon the lot, in close proximity to the road, and occupied the same as a residence, it. was held, that the owner, having built the house with full knowledge that it would be affected by the road, could not, in an action against the railway company, recover for the loss which he thus knowingly and voluntarily incurred by building the house near the railroad, but that, so far as the house sustained a direct physical injury by the company, which it was its duty to avoid, as against all adjacent property, the owner was entitled to recover.</p>