Morse v. Thorsell

Citations

• 78 Ill. 600

Syllabus

<p>1. Evidence—hearsay. On petition for dower, where the record failed to show a legal title in the husband of the petitioner, she, for the purpose of showing an equitable title, testified that her husband purchased the land, and that both he and the vendor told her that the husband paid the entire purchase money, and that, on a sale by the latter, the vendor conveyed to the purchaser: Held, that what she was told by her husband and his vendor was hearsay evidence, and should have been excluded on objection.</p> <p>3. Doweb—in land held under contract to purchase, which is assigned before payment. If a vendee, before he makes full payment, and before he is able to enforce a conveyance of the land, assigns his contract, and the assignee completes the payment and obtains a deed, the widow of the first purchaser will acquire no right of dower in the premises.</p> <p>3. And if the first purchaser, after assignment of his contract, completes the payment with the money received for his assignment, the result will be the same as if the assignee had made the payment to the original vendor, and the widow of the original vendee will .have no right of dower.</p> <p>4. Same—allegation in petition respecting title, construed. An averment in a petition for dower, that petitioner’s husband was seized in fee simple of the land, will import that he held the legal title; but if this is followed by the words: and was the owner of the equitable title to the lot in controversy, they will limit the prior allegation, and, when taken together, import that he owned the lot by an equitable title in fee simple.</p> <p>5. Party—on petition for dower. On petition for dower, against a lot owned by a married woman, whose husband has an interest therein by the curtesy or otherwise, the husband is a necessary party defendant.</p> <p>6. Same —person made a party defendant will be presumed to have an interest. If, in a proceeding for dower in land of a married woman, her husband is made a defendant w