Shope v. Schaffner

Citations

• 140 Ill. 470

Syllabus

<p>1. Dower—in land mortgaged before marriage. A widow, under the statute, is entitled to dower in land mortgaged by her husband before marriage, as against every one except the mortgagee or those claiming under the mortgage. She will be entitled to dower as against the purchaser of the mortgaged premises at the administrator’s sale, he occupying the same position as a purchaser from her husband.</p> <p>2. Same—foreclosure after death of mortgagor—extinguishment of dower. Where a wife joins with her husband in the execution of a mortgage of his land, in which her dower is released, a foreclosure and sale of the property after the death of the husband will pass all the wife’s rights therein to the purchaser, and after the time of redemption has expired her dower will be extinguished.</p> <p>3. Chancery practice—preserving evidence—presumptions in support of decree. Where the evidence introduced on the hearing of a bill in chancery is not preserved in the record, by certificate of evidence or otherwise, it will be presumed that it warranted the finding of facts in the decree.</p>