## Facts

- John R. Snyder and his wife conveyed all of Block 9 in Whitfield, La Salle County, Illinois, to James Van Riper by deed dated July 22, 1862, recorded August 2, 1862.
- After the conveyance, James Van Riper took possession of a store building on the east part of the block.
- Solomon Cole occupied a tavern stand on the west part of the block (the portion in dispute), claiming he had been in possession as Snyder’s tenant.
- James Van Riper and his wife later deeded the disputed premises to Ellen (Helen) Cole, who was Solomon Cole’s wife.
- Ellen Cole later executed a deed conveying the premises to Henry Van Riper (plaintiff); it was admitted that Ellen was married to Solomon at the time and that Solomon did not join in the deed.
- Cole remained in possession when suit was filed and asserted the property was his.

## Issues

1. Whether, under Illinois statutes then in force, a married woman could validly convey real estate by her separate deed without her husband joining in the conveyance.
2. Whether a deed executed solely by a married woman was admissible and sufficient to establish the plaintiff’s legal title in an ejectment action.

## Decision

- The Illinois Supreme Court reversed the judgment for the plaintiff and remanded.
- The court held that Ellen Cole, as a married woman, lacked statutory authority to convey real estate by her sole deed without her husband’s joinder.
- Because the deed from Ellen Cole to Henry Van Riper was legally ineffective, admitting it as evidence of title was error, and the plaintiff failed to prove superior legal title required for ejectment.

## Legal Principles

- Common-law disabilities of coverture remain unless clearly removed by statute; statutes altering coverture are construed narrowly.
- The Illinois Married Women’s Act (as then in force) did not authorize a married woman to convey her real estate without her husband’s consent or joinder in the deed.
- In ejectment, the plaintiff must prove a superior legal title; an invalid link in the chain of title defeats recovery even against a possessor.

## Conclusion

The court set aside the ejectment judgment because the plaintiff’s chain of title depended on a deed executed solely by a married woman, which did not pass title absent the husband’s joinder under the governing Illinois law.


Cole v. Van Riper, 44 Ill. 58 (Ill. 1867)