Williams v. Soutter

Citations

• 55 Ill. 130

Syllabus

<p>1. Bill to foreclose—of its sufficiency in respect to the execution of the mortgage by a married woman. In a bill in chancery to foreclose a mortgage claimed to have been executed by husband and wife, upon land, the fee of which was in the latter, the mortgage may be stated according to its legal effect, without stating in detail the various matters which are necessary to the transfer of a married woman’s title.</p> <p>' 2. So where it was alleged in the bill that the husband and wife made and executed to the complainant their certain deed or indenture of mortgage, bearing date, etc. whereby they conveyed to the complainant the premises described, to hold unto the complainant, his heirs and assigns, in fee simple forever, subject to a right of redemption by the husband paying the debt thereby secured, and that, by said deed or indenture of mortgage so made by the said mortgagors, the title to said premises in fee simple was conveyed to the complainant, subject to the defeasance therein, it was Jield, the bill was sufficient in substance to sustain a default and decree of foreclosure, as against the wife, although-it did not aver those facts in regard to the acknowledgment of the deed by her, and the certificate of the officer, which are necessary to the validity of a conveyance by a married woman.</p> <p>3. And quœre, whether the simple averment that the husband and wife executed a mortgage to the complainant, would not, after default and decree, have been sufficient.</p>