Taylor v. Kearn

Citations

• 68 Ill. 339

Syllabus

<p>1. Dower—of what interest in land, widoio is dowable. Where the husband purchases laud, and, before completing his payments or receiving a deed, executes a mortgage upon the same, and afterwards completes his payments, and the title to the land passes, under a strict foreclosure, to the mortgagee, his widow will not be entitled to dower in such land.</p> <p>2. The widow is not entitled to. dower in lands purchased by her hus. band until he acquires an equitable title therein—or, in' other words, is in a position to enforce a specific performance of the contract; and if he sells or incumbers his interest before that, the assignee will take free from any claim of dower, and having so taken, no subsequent act of the husband can operate to create a dower right in the premises to the prejudice of such assignee.</p> <p>3. Inuring op title. Where a person having only a contract of purchase of land, mortgages the same, using the words “grant, bargain and sell,” and afterwards, upon payment, a deed is made to him, the title so acquired, under the statute, inures to the mortgagee; and in equity such title will inure to an assignee of his rights under the contract without any covenants in the assignment.</p> <p>4. Foreclosure—relation back. Where a party acquires title to land under the foreclosure of a mortgage it will relate back to the date of the mortgage, so as to cut off intervening equities and rights.</p>