Gage v. Wheeler

Defendant in error, Hannah Wheeler, and her husband, James Wheeler, executed, acknowledged and delivered two mortgages to plaintiff in error, on a building used as a millinery store and dwelling house in Momence. The house was on leased ground. The mortgages were in form chattel mortgages, but each contained a clause waiving the homestead right. They were each acknowledged before a justice of the peace, his certificate containing the clause, “including the release and waiver of the right of homestead,” but failing to show that the grantors personally appeared before him, or were personally…