Stone v. Wood

Citations

• 85 Ill. 603

Syllabus

<p>1. Fraud—by wife, in procuring conveyance from her husband. ' Where a wife fraudulently and deceitfully represented to her husband, then residing in a different locality from her, that, if he would put the title to his house and lot in her name, she could sell the same for a certain price, ánd would pay his debts and join him, giving him the surplus, and afterwards wrote him that she had made a sale, and thereby procured him to unite in a deed of the property to one she represented as a purchaser, but who, in fact, took the conveyance in trust for the wife, when she should reimburse him for some moneys loaned her and liabilities incurred, and the proof showed that the wife was untrue to her husband, and the grantee was a party to the fraud to deprive the husband of the property, it was held, that the conveyance of the husband was properly set aside, and also a purchase by such grantee of the property under a judgment bought by him against the husband, the proof showing that the rents of the property exceeded the sums paid by such grantee.</p> <p>2. Husband and wife—when husband's conveyance makes his wife owner of property. If a husband conveys real estate to a third person for the purpose of vesting it in his wife, it will become her separate property as against him, but this is not the case when the conveyance is made to enable the wife to sell the property for her husband’s benefit.</p> <p>3. Error—parrty can not assign for error what does not affect his rights. A party to a suit can not urge, for a reversal of a decree, an error, as against another party, which in nowise afiects his interests or rights.</p> <p>4. Chancery—relief, between husband and wife,for fraud. Where either husband or wife becomes untrue to the other, and, by fraud, obtains an unjust advantage over the other, a court of equity will as readily afford relief as it will between other persons not occupying that relation.</p> <p>5. Chancery practice—as to considering evidence. In chancery case