Patterson v. Lawrence

Citations

• 90 Ill. 174

Syllabus

<p>1. Married women—contracts and deeds—estoppel by fraudulent representations. While contracts and agreements of a married woman, respecting her real estate, and conveyances thereof by her without her husband uniting in the execution thereof, made in 1868, if free from fraud, could not be enforced at law or in equity, yet if a married woman makes a contract or agreement, respecting her real estate, with another by fraudulent means, and thereby obtains an inequitable advantage, a court of equity will hold her estopped from setting up her coverture to retain the advantage, and require her to perform the contract, if executory, and prevent her from avoiding the same, if executed, or will compel her to place the other party in statu quo before she will be allowed to rescind or repudiate such contract or agreement, as the equities of the case may require.</p> <p>2. Where a married woman, in 1868, holding the title to real estate in the name she had before marriage, applied for a loan of money, and fraudulently concealed her marriage, representing herself as a widow, and thereby procured the loan upon the execution of a deed of trust upon such real estate in her former name, without her husband joining therein, it was held, that in equity she could not avoid the conveyance and retain the money thus fraudulently obtained, and a lien was decreed upon the land for the amount due, and a sale ordered in default of its payment.</p>