Musham v. Musham

Citations

• 87 Ill. 80

Syllabus

<p>1. Trust—widow taking deed of land sold to her husband. Where a purchaser of land died without completing his payments, and afterwards the vendor, without manifesting any desire or intention to declare a forfeiture of the contract under a clause giving him such right, resold one-half of the lot to a third person, and the other half to the widow of the original purchaser, for the exact sum then due on the first contract, and the half sold to the widow was worth considerably more than the price paid by her, and she, on payment, obtained a conveyance, it was held, there was no forfeiture declared, and that she took the legal title in trust for the heirs at law of her husband.</p> <p>2. Laches—does not apply where possession is not adverse. The occupancy by a widow of lands of her deceased husband, where she has dower and homestead rights, however long continued, will not be a bar to a recovery on the part of the heir, after her death. Her possession, in such case, being consistent with the interests of the heir, laches can not be imputed to him.</p>