Loomis v. Gerson
Illinois Supreme Court
Appeal from the Circuit Court of Livingston County; the Hon. Charles H. Wood, Judge, presiding. This was a bill in chancery, in which the complainant, Joseph Gerson, alleged that, on the first day of April, 1868, one Petér I. Neilson, being indebted to Nelson Anderson, on. a promissory note for $350, with his wife executed a mortgage to said Anderson to secure such indebtedness, conveying lot nine, in block fifteen, in the town of Dwight, county of Livingston, in the State…
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Appeal from the Circuit Court of Livingston County; the Hon. Charles H. Wood, Judge, presiding. This was a bill in chancery, in which the complainant, Joseph Gerson, alleged that, on the first day of April, 1868, one Petér I. Neilson, being indebted to Nelson Anderson, on. a promissory note for $350, with his wife executed a mortgage to said Anderson to secure such indebtedness, conveying lot nine, in block fifteen, in the town of Dwight, county of Livingston, in the State of Illinois, and that on the first of July, 1868, said Neilson being further indebted to said Anderson on a promissory…
1Opinion of the CourtChief Justice Lawrence
We held, in Conroy v. Sullivan, 44 Ills., 451, that, under the laws of 1851 and 1857, the homestead was protected from sale under a judgment obtained against the husband for his torts, as vrell as under one obtained for violation of his contracts. The object of these laws was to furnish a shelter for the wife and children, which could not be taken away or lost by the act of the husband alone. This principle must equally exempt the homestead from sale under a judgment for a fine and costs rendered in a criminal prosecution for a misdemean- or. The wife is not to suffer for the wrongful act of…
2Cited by19 opinions
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Lehman v. CotrellAppellate Court of Illinois · 1939
- Leupold v. KrauseIllinois Supreme Court · 1880
- Hollis v. StateSupreme Court of Arkansas · 1894
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