Legal Opinion

Hill v. Bacon

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 11 opinions

Appeal from the Circuit Court of De Kalb county; the Hon. Theodoee D. Murphy, Judge, presiding. The facts of the case sufficiently appear in the opinion of the court.

1Opinion of the CourtJustice Breese

Three questions are presented by this record: First, did the homestead right extend to the entire quarter section of land ? Second, can the certificate of acknowledgment of a deed by a magistrate be impeached by parol? And, third, could the notary public, who officiated in this case, take an acknowledgment of a deed at any place in the county in which he resides ?

The answer to each of these questions must be in the negative, except the last.

As to the first, the homestead act cannot be misunderstood in its provisions. The language is plain and unmistakable: There shall be exempt from levy and…

2Cases cited1 opinion

  1. Graham v. AndersonIllinois Supreme Court · 1867

3Cited by11 opinions

  1. Miller v. MarxSupreme Court of Alabama · 1876
  2. People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
  3. Horbach v. TyrrellNebraska Supreme Court · 1896
  4. People v. City of LemooreCalifornia Court of Appeal · 1918
  5. Linn County Bank v. HopkinsSupreme Court of Kansas · 1892

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