Wing v. Goodman

Citations

• 75 Ill. 159

Syllabus

<p>1. Vendor’s lien—not transferable. A vendor’s lien is personal, and cannot be conveyed by deed or assigned by contract. A quitclaim deed, by the 'holder of such lien to a third party, for the land, will have no effect on the lien, and will not bar its enforcement by him.</p> <p>2. Cross-bill — improper, except where affirmative relief is sought by defendant. The object of a cross-bill being to enable a defendant to obtain affirmative relief, if the facts alleged in it are nothing more than a defense to the case made by the bill, and, if proved, could afford the defendant no affirmative relief, the cross-bill will be obnoxious to a demurrer.</p> <p>3. Married women — what'is their separate property. .Where a husband, being free from debt, and without any fraudulent intent, has property, purchased and paid for by him, conveyed by the vendor to his wife, it will become the separate property of the wife, as much so as if purchased by her with money which she obtained before marriage.</p> <p>4. And where the wife, at her marriage, had money which the husband recognized and treated as hers, and which she invested at times and on some occasions gave it to him to invest for her, and he bought property with money which belonged to the wife, though deposited by her in his name, taking the title in her name: Held, that the property so purchased was the separate property of the wife.</p> <p>5. Witness — competency of husband for his wife. On bill by the wife to enforce a vendor’s lien for the purchase-money due her on the sale of her separate estate, the litigation being in regard to her separate estate, her husband is a competent witness in her behalf.</p> <p>6. Parties — husband and wife. In a suit by a wife, in respect to her separate estate, the law does not require her husband to be joined with her, but where she seeks to enforce a vendor’s lien, for money due on land conveyed by her and her husband, but which belonged to her, it is proper to make her husband a defendan