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· 9/15/1867

Stow v. Steel

Citations

  • 45 Ill. 328

Syllabus

<p>1. Dower—when it wits in equitable estates. To entitle a wife to dower, the husband must hold such an equitable estate as entitles him to be invested •with the legal title.</p> <p>2. If the husband transfer a contract for land purchased on time, before the terms of the contract on his part are complied with, the wife cannot recover dower.</p> <p>3. Where land is purchased by contract, and time is given for the payment of all or any portion of the purchase money, and a contract for a conveyance is entered into, the husband is not vested with such an estate as confers the right of dower, unless he pays the money and entitles himself to a conveyance.</p> <p>4. If the husband has not, during his life time, been entitled to a conveyance, the wife cannot claim dower at his death, unless the purchase money shall be subsequently paid for the benefit of his heirs.</p> <p>5. Sheriff's deed.— clerical errors. A clerical error in the recital of a sheriff’s deed, will not be regarded by a court of equity, or any court, while acting upon and adjusting equitable rights.</p>

Judges: Walker

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