Tink v. Walker

Citations

• 148 Ill. 234
• 35 N.E. 765

Syllabus

<p>1. Dower—in equitable estate—statute construed. In order to subject lands to dower under section 1 of chapter 41, relating to dower, the owner of the equitable estate must be in'a position, at the time of his or her death, to enforce a conveyance of the legal title, or the contract of purchase must be such that the title can be completed after his or her death.</p> <p>2. A bill by the surviving husband for dower and homestead in the lands of a deceased wife alleged that the holder of the title made a deed of conveyance to the wife, which was never delivered, and agreed with the complainant that if he would erect buildings on the land, and make other necessary improvements thereon, he would loan complainant the money required for such improvements and deliver such deed, and that complainant made the proposed improvements, and occupied the premises with his wife up to her death, as their homestead: Held, that the allegations of the bill failed to show any equitable title in the wife capable of being specifically enforced, and that the complainant was not entitled to dower or a homestead in the premises.</p> <p>3. Specific performance—of the contract, and proof required. It is necessary to authorize a specific performance that the contract shall be certain, clear and unambiguous in its terms and in all its parts. When it is vague and uncertain, or the evidence to establish it is insufficient, equity will not enforce it. It must be mutually binding upon the parties, and based on a valuable consideration.</p> <p>4. A father allowed his daughter and her husband to occupy and use a farm. The latter made improvements thereon for his own use, under a promise of the father to the husband to convey the land to the wife if he would make such improvements with money loaned to him by the father. It was held, that there was no contract for the conveyance of the land that a court of equity would specifically enforce.</p>