Bank of Illmo v. Simmons

The Bank of Illmo, a Missouri banking corporation, appeals from the judgment of the circuit court of Alexander County ordering the subordination of the bank’s deed of trust to defendant Bobby J. Simmons’ homestead exemption. The bank contends that the trial court erred in allowing Simmons’ claim to a homestead exemption pursuant to the law in effect at the time the claim was made (Ill. Rev. Stat. 1983, eh. 110, par. 12 — 901) and that the trial court erred in requesting additional evidence from the parties on an issue raised subsequent to the close of Simmons’ case in chief. The relevant…