Morton v. Noble

Citations

• 57 Ill. 176

Syllabus

<p>1. Downs—whether barred by inoperative deed. Where a deed from husband and wife becomes inoperative as to the husband’s estate, because made in fraud of the rights of creditors, or from any previous lien or incumbrance, or where the purchase money is recovered back for a defect of title in the husband, or by reason of any wrongful act on the part of the husband, the wife’s dower in the land is not barred by the deed.</p> <p>2. But where the husband and wife convey a perfect and indefeasible title, which is subsequently lost, solely by the fault and neglect of the grantee, the dower of the wife of the grantor in the land is not thereby restored.</p> <p>3. As, where a party being seized in fee simple of certain land, he and his wife duly made, executed, and both acknowledged in due form of law, a deed conveying the title in fee simple to another, which deed was delivered but was not recorded until nearly a year thereafter, and subsequent to the execution of the deed and before it was recorded, a subsequent creditor of the grantor, there being no creditors at the date of the conveyance, obtained a judgment against him, which became a lien on the land and the premises were sold under an execution issued on such judgment, the grantee in the deed failing to redeem from the sale but allowing the title to mature in the purchaser, it was held not essential to pass the right of dower that the deed should be recorded, and the title never having failed or been defeated by reason of an-y prior lien or incumbrance, or any act on the part of the grantor, but solely by the laches of the grantee in failing to record the deed, the right of dower in the wife of the grantor was forever barred.</p>