Boyd v. Cudderback
Illinois Supreme Court
Appeal from the County Court of the county of La Salle; the Hon. P. K. LelAND, Judge, presiding. On the 9th day of June, 1857, Nathan Cudderback, and Catharine, his wife, executed and delivered to Alson Ward, a mortgage upon certain lands, situated in the county of La Salle, to secure the payment of a certain promissory note therein described.
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Appeal from the County Court of the county of La Salle; the Hon. P. K. LelAND, Judge, presiding. On the 9th day of June, 1857, Nathan Cudderback, and Catharine, his wife, executed and delivered to Alson Ward, a mortgage upon certain lands, situated in the county of La Salle, to secure the payment of a certain promissory note therein described. The deed authorized the mortgagee, or his assigns, to make sale of the premises, upon default made in the payment of the note, and contained the following clause of release: “The said parties of the first part hereby waive, release and transfer all…
1Opinion of the Court
Mr. Justice "W alees
delivered the opinion of the Court.
This record presents the question, whether the execution of the mortgage was sufficient to release the right to claim the premises as a homestead. This depends upon whether the acknowledgment on the part of the wife is in accordance with the law. By the original act, adopted in 1851, it was not necessary that the wife should join in the release, to. render it valid. By the amendatory act, adopted in 1857, (Scates’ Comp. 577,) it is declared that the words “ and his wife if he have one,” shall be inserted after the words “ subscribed by…
2Cases cited1 opinion
- Patterson v. KreigIllinois Supreme Court · 1863
3Cited by11 opinions
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- Rathbun v. AllenSupreme Court of Rhode Island · 1939
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