Sweeney v. Damron

Citations

• 47 Ill. 450

Syllabus

<p>1. Husband and wipe—contracts between. It is the rule of the common law that contracts between husband and wife are void, and will not be enforced by the courts.</p> <p>2. But where such contracts have been made in good faith, and are executed, they are valid.</p> <p>3. So, where a husband has received money belonging to his wife, and invests ■ it for her in her name, or has property bought with her money, conveyed to her, courts of equity will treat the transaction as fair, and sustain it against subse quent creditors of the husband chargeable with notice.</p> <p>4. And where, not- being in debt, with a view of making provision for his wife, property is bought with his own means, and conveyed to her, or to trustees for her use, the transaction will be sustained.</p> <p>6. If the husband is in debt, as to his creditors existing at the time of such transactions, they would be fraudulent, unless such creditors are satisfied subsequently.</p> <p>6. The wife may intrust means which she inherits since the act of 1861, to her husband to loan or invest, and it will be protected in his hands to the same extent the money of a stranger would under like circumstances.</p> <p>1. Same—converting equitable into legal estates. Where the' legal title to lands, purchased with the means of the wife, is in the husband, and he exchanges these lands for others, and has the deeds of the latter made to his wife, equity will uphold the title of the wife, as against creditors not misled by the title standing in the husband.</p>