Patterson v. Kreig
Illinois Supreme Court
On the 8th day of October, 1860, William A. Patterson filed his declaration in ejectment against Jacob Kreig in the usual form, to recover possession of the north half of the south-east quarter of Section 16, in Township 5 north, Range 6 west, in Hancock county, Illinois, which said declaration was duly served on defendant on the 24th day of September, 1860. Plea, not guilty.
Read the full summary
On the 8th day of October, 1860, William A. Patterson filed his declaration in ejectment against Jacob Kreig in the usual form, to recover possession of the north half of the south-east quarter of Section 16, in Township 5 north, Range 6 west, in Hancock county, Illinois, which said declaration was duly served on defendant on the 24th day of September, 1860. Plea, not guilty. On the 12th day of March, 1861, issue being joined and jury waived by the parties, the cause was submitted to the court, Sibley, Judge, for trial; upon which trial, the court found the issues for the defendant, and gave…
1Opinion of the CourtCaton, C. J.
This was an action of ejectment, upon a mortgage executed by the husband and wife upon the homestead, without any release or waiver of the homestead right, and the question is, can the homestead right be claimed in an action of ejectment? It would undoubtedly be very difficult to do this under the law of 1851. That law only exempted the homestead from levy and forced sale, and the first section provides, “ And no release or waiver of such exemption shall be valid, unless the same shall be in writing, subscribed by such householdei-, and acknowledged in the same manner as conveyances of real…
2Cited by7 opinions
- McDonald v. CrandallIllinois Supreme Court · 1867
- Boyd v. CudderbackIllinois Supreme Court · 1863
- Allen v. HawleyIllinois Supreme Court · 1872
- Johnson v. AdlemanIllinois Supreme Court · 1864
- Smith v. MillerIllinois Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.