Brown v. Keller
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. George Manierre, Judge, presiding. James Brown, being the owner of a dwelling house known as Ho. 96 Adams street, situated on lot Ho. 3, in block Ho. 121, in the school section addition to the city of Chicago, executed a chattel mortgage upon the property to B-. D. MeFarlane, with a power of sale in the mortgagee in the event of a failure to pay the money intended thereby to be secured.
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Writ of Error to the Circuit Court of Cook county; the Hon. George Manierre, Judge, presiding. James Brown, being the owner of a dwelling house known as Ho. 96 Adams street, situated on lot Ho. 3, in block Ho. 121, in the school section addition to the city of Chicago, executed a chattel mortgage upon the property to B-. D. MeFarlane, with a power of sale in the mortgagee in the event of a failure to pay the money intended thereby to be secured. The condition of the mortgage becoming broken, MeFarlane sold the house, and after several transfers the property in the house became vested in Peter…
1Opinion of the CourtJustice Walker
The homestead exemption, created by the statute, if it attaches to any estate less than a fee, can not continue or be claimed after the estate has terminated. The persons who, by the provisions of the act are entitled to its benefits, must be the owners of the premises. Whatever may be said of the owner of a term — a life or contingent estate — a person having no interest in the property, or right to its enjoyment, is clearly not embraced in the provisions of the law. The term for which the husband of plaintiff in error held the property had expired before his death. This, then, precludes the…
2Cited by19 opinions
- Leary v. PattisonIllinois Supreme Court · 1872
- Streit v. FayIllinois Supreme Court · 1907
- H. L. Null & Co. v. J. S. Garlington & Co.Court of Appeals of Texas · 1922
- Ryerson v. EldredMichigan Supreme Court · 1869
- Berry v. HeiserIllinois Supreme Court · 1915
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