Williams v. Jones
Illinois Supreme Court
Writ of Error to the Circuit Court of DeWitt county; the Hon. Lyman Lacey, Judge, presiding. This was a hill in chancery, filed by Eh P. Williams, against Isaac M. Jones and wife, to foreclose a deed of trust. The bill alleged, among other things, that the debt was for purchase money, which was. denied by the answer, and a homestead set up in defence, it not having been properly released in the trust deed.
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Writ of Error to the Circuit Court of DeWitt county; the Hon. Lyman Lacey, Judge, presiding. This was a hill in chancery, filed by Eh P. Williams, against Isaac M. Jones and wife, to foreclose a deed of trust. The bill alleged, among other things, that the debt was for purchase money, which was. denied by the answer, and a homestead set up in defence, it not having been properly released in the trust deed. On the hearing the circuit court dismissed the bill at the costs of the complainant. The following is the agreed statement of the facts: “About five years ago, (1875), William 0. Gray,…
1Opinion of the CourtJustice Dickey
The sole question presented in this ease is, whether the debt in question is a debt “incurred for the purchase” of the premises in which defendants in error claim an estate of homestead. We can not doubt that it is. The land was sold by Gray, Steele and Cottingham to Jones. For a part of the purchase price Jones gave his notes, payable to the vendors, with Beale as security. These notes were sold and assigned by the payees to Williams. Williams afterwards, by an arrangement with Jones, (the principal in the notes, and the purchaser of the property for which the notes were given,) surrendered…
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