Lang v. Hitchcock

Citations

• 99 Ill. 550
• 1881 Ill. LEXIS 210

Syllabus

<p>1. Ctotesy — whether during life or during coverture — subject to sale on execution. If a woman being seized of real estate married, and a child was born of themarriage before the Married Woman’s act of 1861 took effect, the husband will have an estate in her lands for his life, but if the child was born after such law took effect, he will have an estate during coverture, and in either case his estate may be sold on execution.</p> <p>2. Where land of a married woman, in which her husband has an estate by the curtesy, is sold on execution against the latter, the sale will be good as to his estate; and until Ms death, or the extinguishment of his estate by divorce, or otherwise, the wife will be in no condition to bring a suit in regard to her remainder, or to set aside the sale on execution as a cloud on her title.</p>