Cole v. Van Riper
Illinois Supreme Court
44 Ill. 58 (1867)
- Written by Elliot Stern, JD
Facts
John and Elizabeth Snyder leased a building to Solomon Cole (defendant). The Snyders then conveyed the property to James and Hannah Van Riper, who in turn transferred the property to Ellen Cole, the wife of Solomon. Finally, Ellen conveyed the property by deed to Henry Van Riper (plaintiff), without the involvement or consent of her husband. Solomon was in possession of the building at the time of this conveyance, and he refused to leave, claiming the property rightfully belonged to him. Henry brought an action for ejectment against Solomon, and the jury sided with Henry. Solomon moved for a new trial, arguing that the deed that was evidence of Ellen conveying the property to Henry was inadmissible because, by law, a married woman could not convey real estate without the consent of her husband. The court again sided with Henry, and Solomon appealed.
Rule of Law
Issue
Holding and Reasoning (Lawrence, J.)
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