Sanford v. Finkle

Citations

• 112 Ill. 146

Syllabus

<p>1. Divesting of legal title—surrender and destruction of deed— equity of second grantee. A husband, after having received a deed for a lot from- his wife's parents, surrendered the deed to them for the purpose of having them convey the lot to his wife, and his deed was destroyed, it having never been recorded, and a new one made to his wife, in which he acquiesced for seventeen years before suing for a deed: Held, that the surrender of his deed by the husband, and the making of one to his wife, did not divest his legal title, but passed an equitable title to his wife, which a court of equity would protect.</p> <p>2. Settlement—by husband upon wife—what amounts to a settlement. Where a husband surrenders his deed for land to his grantors, to enable them to convey the same to his wife, which is done, and his deed destroyed, this will amount to a settlement by him upon her, in equity. It is an equitable gift that a court of equity will sustain.</p> <p>3. Same—consideration to support such a settlement. Marriage is a sufficient consideration for a settlement upon a wife, and so is an existing marriage relation, if it in nowise affects the claims of existing creditors.</p> <p>4. Adverse possession—as between husband and wife. Many years after a husband had surrendered to the grantors his deed for land, and had them convey to his wife, in which arrangement he acquiesced for seventeen years, he filed a bill to cancel the deed to his wife, and to compel the grantors to convey to him. His long possession was set up as affording a presumption of his ownership, and as giving ground to have his wife's deed set aside as a cloud on his title: Held, that as his possession was not adverse to the wife, it could not avail, and that she, residing with him all the time, was in possession to the same extent that he was.</p> <p>5. Ratification—by acquiescence in act done. Where a deed to a man after delivery is left by him with the grantors, and they destroy the same and make another