Rogers v. Higgins

Citations

• 48 Ill. 211

Syllabus

<p>1. Equity—married women's deed. By the revised statutes of Illinois, the law authorizing non-resident married women to convey their lands in this State, was repealed, and was not re-enacted until in February, 1841. A non-resident married woman and her husband, after the' repeal and before the re-enactment, executed a deed for the conveyance of the wile’s real estate in Illinois: Held, that the deed was void as to the title of the wife.</p> <p>2. Same. That in such a case, equity can not compel the wife to execute a valid deed, or restrain her or her grantees after she has become discovert, from enforcing her legal title to the premises. That equity follows the law, but never abrogates or violates its provisions or policy. And when the law has created disabilities, equity will not remove them. To do so would be to violate, and not to follow, the law.</p> <p>3. Same. Where the owner of real estate in Illinois, being a married woman and a non-resident, through the agents of herself and husband, contracted to sell such land while the act of IBS'? was in force authorizing non-resident married women to convey their property, but no deed having been made under the contract, before the law was repealed, she having no authority at the .time her agents made the contract, to appoint attorneys in fact, her deed subsequently made when it was not authorized by law, is not aided by the contract which is itself inoperative.</p> <p>4. Estoppel. A married woman attempting to sell her real estate without authority, is not estopped afterwards to assert her title, because she received the value of the land as purbhase money. Nor can a court of equity hold that a married woman who so acts without suppressing material facts, and has made no false representations to induce the purchase, is guilty of such a fraud as will estop her from asserting her title, notwithstanding her void deed. The law presumes that one dealing with a person under disability, and knowing the fact, intends to inc