Opinion

Freeman v. Hartman

  • 45 Ill. 57
Court
Illinois Supreme Court
Filed
Sep 15, 1867
Status
Published
Author
Breese
On the bench
Breese, Lawrence, Walker
Cited by
16 cases

The opinion

Breese, Ch. J.: I did not concur in the decision of Cole v. Van Riper, in which it is held a wife cannot convey her land without the assent of her husband, he being entitled to a life estate therein, and may become a tenant by the curtesy. Having such rights, it seems to me clear, a woman owning land, who in contemplation of marriage conveys it away, does so in fraud of the marital rights of her intended husband, and the conveyance is void. 1 Bright’s Husband and Wife, 221-222.

This decision is, it seems to me, a necessary sequence of the case of Cole v. Van Riper.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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