# Freeman v. Hartman

> Illinois Supreme Court · September 15, 1867 · 45 Ill. 57

URL: https://www.frixlaw.com/law-library/cases/6952620

## Case

- **Full name:** Benjamin F. Freeman v. James T. Hartman et ux.
- **Court:** Illinois Supreme Court
- **Decided:** September 15, 1867
- **Citations:** 45 Ill. 57
- **Precedential status:** Published
- **Opinion:** Concurrence by Breese
- **Judges:** Breese, Lawrence, Walker
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6952620

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6952620. Public record. Not legal advice.