Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 35 (April Term, 1864)
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Cropper.
tracted after July 4, 1851,^ and was not incurred for the pur- chase or improvement of the premises, and that he has never reieiised his right of homestead.
* This motion was sustained and the sale set aside. [264*] The plaintiff took a bill of exceptions and brings the case here, assigning as error this decision of the court.
The plaintiff makes the point that the homestead act of 1851 imposes no restrictions upon mortgages of the home- stead. It only exempts it from forced sale under... judicial pro- cess. This admission disposes of the plaintiff's case. It is the sale, only, that has been disturbed. The decree remains as it was when rendered. A sale by the decree of a court of equity, under an order to the master to make the sale, is a forced sale, as much so as if the sale was made under 2ifi.fa.
The cases of Smith v. Marc and ^ly v. Eastwood^ in 26 111., were sales made under a power to sell, and not by the order or decree of any court.^ The other points made are, that the defendants in error by the mortgage, ijpso facto ^ waived the homestead act ; and that not having set up the exemption in an answer to the bill, the question has become res judicata.
What to read after Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 35 (April Term, 1864)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Cropper.
tracted after July 4, 1851,^ and was not incurred for the pur- chase or improvement of the premises, and that he has never reieiised his right of homestead.
* This motion was sustained and the sale set aside. [264*] The plaintiff took a bill of exceptions and brings the case here, assigning as error this decision of the court.
The plaintiff makes the point that the homestead act of 1851 imposes no restrictions upon mortgages of the home- stead. It only exempts it from forced sale under... judicial pro- cess. This admission disposes of the plaintiff's case. It is the sale, only, that has been disturbed. The decree remains as it was when rendered. A sale by the decree of a court of equity, under an order to the master to make the sale, is a forced sale, as much so as if the sale was made under 2ifi.fa.
The cases of Smith v. Marc and ^ly v. Eastwood^ in 26 111., were sales made under a power to sell, and not by the order or decree of any court.^ The other points made are, that the defendants in error by the mortgage, ijpso facto ^ waived the homestead act ; and that not having set up the exemption in an answer to the bill, the question has become res judicata.
What to read after Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 35 (April Term, 1864)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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