Legal Opinion

Haworth v. Travis

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 6 opinions

Appeal from the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was a bill in chancery, by James W. Haworth, against James Travis, William Pitts and Isaac Wilson, to enjoin the sale under execution of certain premises of the complainant, by Travis, sheriff, issued upon a judgment in favor of Pitts and Wilson, against the complainant, on the ground that the property was exempt as a homestead.

Read the full summary

Appeal from the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was a bill in chancery, by James W. Haworth, against James Travis, William Pitts and Isaac Wilson, to enjoin the sale under execution of certain premises of the complainant, by Travis, sheriff, issued upon a judgment in favor of Pitts and Wilson, against the complainant, on the ground that the property was exempt as a homestead. The facts of the case are stated in the opinion of the court.

1Opinion of the CourtJustice Walker

It appears that, on the 19th day of April, 1866, Pitts and Wilson recovered a judgment in the circuit court of Macon county, against appellant; that he was then the owner and in the actual possession of two lots in the city of Decatur, which he then, and ever since has, occupied as a homestead, being, during that time, the head of a family and residing with the same ; that he executed two mortgages on the premises, either before or subsequent to the recovery of the judgment, but which, does not clearly appear, to secure $1000; that, in December, 1868, appellant filed his petition in the…

2Cases cited3 opinions

  1. Green v. MarksIllinois Supreme Court · 1860
  2. Bliss v. ClarkIllinois Supreme Court · 1864
  3. Stubblefield v. GravesIllinois Supreme Court · 1869

3Cited by6 opinions

  1. Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
  2. In Re CernigliaUnited States Bankruptcy Court, S.D. Illinois · 1992
  3. Garwood v. GarwoodIllinois Supreme Court · 1910
  4. In Re HarrisonUnited States Bankruptcy Court, N.D. Illinois · 1994
  5. Skach v. HeakinAppellate Court of Illinois · 1975

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API