Stowe v. Steele

Citations

• 114 Ill. 382

Syllabus

<p>1. Dowee—where deed becomes inoperative to pass principal estate— effect upon the release of dower. Where a deed from a husband and wife becomes inoperative as to the husband’s estate by reason of a sale under a. prior judgment lien, or for other cause, it will also become inoperative as to-a release of dower therein by the wife, and she may assert the right after the death of her husband.</p> <p>2. Same—duty of dowress as to the payment of taxes—effect of nonpayment as working a forfeiture, as for waste. While the party holding the title to land in which a widow' is entitled to dower, is in possession, 01-receiving the income from the estate, the dowress is under no obligation or duty to pay the taxes on the same.</p> <p>3. So dower will not be forfeited by the failure of the dowress to pay the-taxes on the premises, and allowing them to be sold therefor, before they are-in fact assigned to her and she is put in possession.</p> <p>4. If back taxes on land out of which dower is sought, are taken into-consideration and adjudicated in the proceeding for the assignment of dower, in fixing the damages the damandant is entitled to for the detention of her dower, the reversioner, having had the benefit in that -way of all the taxes paid.by her, can not be heard to insist that the non-payment of such taxes at. the proper time worked such waste as to bar her dowér under the statute.</p> <p>5. Same—laches—limitation—as a bar to dower right. Where a widow has brought suit for the assignment of her dower in proper time, and has persistently been seeking such assignment for about twenty years, and has been delayed by appeals and the contesting of her right, she will not be-barred of the same on the ground of laches.</p> <p>6. No period short of seven years’ adverse possession under claim and. color of title and the payment of the taxes, will work a bar to the claim of dower; and the same strictness of proof as in actions of ejectment will be-required to sustain the bar.</p>