Fergus v. Woodworth
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. John M. Wilson, Chief Justice, presiding. On the 13th day of December, 1859, Robert Fergus, being the owner of sub-lot one (1), and the north twenty-five (25) feet of sub-lot two (2) of the subdivision of original lot six (6), in block three (3), in the fractional section fifteen (15), addition to Chicago, being sixty-five (65) feet fronting on State street, between Monroe and Adams streets, and one hundred and twenty-four…
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Appeal from the Superior Court of Chicago; the Hon. John M. Wilson, Chief Justice, presiding. On the 13th day of December, 1859, Robert Fergus, being the owner of sub-lot one (1), and the north twenty-five (25) feet of sub-lot two (2) of the subdivision of original lot six (6), in block three (3), in the fractional section fifteen (15), addition to Chicago, being sixty-five (65) feet fronting on State street, between Monroe and Adams streets, and one hundred and twenty-four feet in depth to the alley in rear, according to the plats of the same duly recorded in Cook county registry, including…
1Opinion of the CourtChief Justice Walker
The first cpiestion presented by the record is, whether appellants, Fergus and wife, have homestead rights in the premises in controversy. The mortgage to Sears was not given to secure purchase money, or indebtedness incurred in the improvement of the property, and was executed after the homestead law and amendatory act were passed.1 The question is thus free from all considerations but that of residence. Fergus was at the time the head of a family and residing with the same, but it is not pretended that they or their family were on these premises. On the contrary, they, with their family,…
2Cited by13 opinions
- Davis v. GainesSupreme Court of the United States · 1881
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Kirby v. RunalsIllinois Supreme Court · 1892
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Morris v. RobeyIllinois Supreme Court · 1874
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