Bush v. Scott
Illinois Supreme Court
Writ op Error to the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge presiding. In this case, the plaintiff in error purchased of Samuel Scott, in his life time, the S. W. S. W. 7, 15 N., R. 10 W., the S. E. S. W. 7, 15 W., R. 10 W., except 15 acres off the east side, and two acres for a cemetery, also S. E. S.E. 12, 15 N., 11 W., for the sum of $1300, paying down the sum of $500, and giving notes for $800 secured by a mortgage on the last named tract.
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Writ op Error to the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge presiding. In this case, the plaintiff in error purchased of Samuel Scott, in his life time, the S. W. S. W. 7, 15 N., R. 10 W., the S. E. S. W. 7, 15 W., R. 10 W., except 15 acres off the east side, and two acres for a cemetery, also S. E. S.E. 12, 15 N., 11 W., for the sum of $1300, paying down the sum of $500, and giving notes for $800 secured by a mortgage on the last named tract. After the death of Scott, his executors obtained a decree of foreclosure of the mortgage, under which the mortgaged tract was…
1Opinion of the CourtJustice Beeese
This was a bill in chancery, in the Edgar circuit court, the scope of which was to set aside a sale made by the sheriff of that county, of certain lands therein, on the allegation that the same were the homestead of complainant.
There was a demurrer to the bill and judgment thereon for the defendants, that the bill be dismissed. The record is brought here by writ of error, and this decree is assigned as error.
The allegation on which the claim to relief is based, is founded in a misconception of the true position appellant occupies. The statute is plain to the point that no homestead right can…
2Cases cited1 opinion
- Phelps v. ConoverIllinois Supreme Court · 1861
3Cited by6 opinions
- Hamra v. FitzpatrickSupreme Court of Oklahoma · 1916
- Stafford v. WoodsIllinois Supreme Court · 1893
- Kimble v. EsworthyAppellate Court of Illinois · 1880
- Boone County Bank v. HensleySupreme Court of Arkansas · 1896
- Hudson v. MadisonAppellate Court of Illinois · 1898
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