Yazel v. Palmer

Citations

• 81 Ill. 82

Syllabus

<p>1. Married women—separate property. The consideration paid or agreed to be paid to a married woman for joining with her husband in a conveyance of his land, whereby she releases her homestead right and her right of dower, will constitute her separate property, which she may manage and control in her own right, as any other property not derived from her husband.</p> <p>3. Consideration—release of rights by wife. When husband and wife unite in a conveyance of their homestead to another, the wife releasing her homestead and dower, and, by the consent of the husband, the grantee gives a bond to the wife to pa) her the proceeds of the property, when sold by him, the release of her rights will constitute a sufficient consideration to support the bond, and it will be a valid obligation.</p> <p>3. Husband and wife—who may assail contract as fraudulent. A party who takes a conveyance from a husband and wife of property belonging to 'the husband, and gives his bond to the wife, obligating himself to pay the proceeds of the property to her when sold, with the assent of the husband, becomes the trustee of the wife, and can not be heard to question the good faith of the transaction as between the husband and wife. None but creditors of the husband can assail the contract as fraudulent.</p> <p>4. When there are no creditors whose rights may be put in jeopardy, it is competent for a husband to create a separate estate for his wife out of his own property, and no one can impeach the transaction, or inquire into its propriety, unless he was a creditor of the husband at the time.</p> <p>5. Agency—evidence of. When a husband receives payments of money on an obligation to his wife, the possession of the obligation is evidence tending to prove he has authority to receive the money for his wife, but is by no means conclusive of that fact.</p> <p>6. Vendor and vendee—;failure of title as a defenseto payment of price. The vendor of land is entitled to the payment of the price agreed to