Zander v. Scott
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Arthur H. Chetlain, Judge, presiding. This cause arose upon a motion in the court below to set aside a sale of real estate on execution.
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Writ of Error to the Superior Court of Cook county; the Hon. Arthur H. Chetlain, Judge, presiding. This cause arose upon a motion in the court below to set aside a sale of real estate on execution. The motion is based upon the affidavit of Elizabeth Scott, setting up that she is the owner in fee of the property sold, subject to an incumbrance, by mortgage, of §3100; that the premises are' improved by a frame house, and are worth, with all the improvements, approximately, §4000; “that said lot of land and buildings thereon are occupied by affiant as her residence and constitute the homestead…
1Opinion of the CourtJustice Wilkin
Three grounds of reversal are urged: First, it does not appear from the affidavit on which the motion was based that the premises were occupied by Mrs. Scott as a residence at the time the judgment became a lien upon the same; second, the wife’s real estate is not exempt from sale for payment of her debts, though occupied by herself, husband and children as a home; and third, the homestead right, if any existed, was waived.
The judgment was rendered October 16, 1895, the sale made on the 26th of the next month, and the affidavit and motion to vacate the sale were not filed until February 5…
2Cases cited3 opinions
- Imhoff v. LipeIllinois Supreme Court · 1896
- Reinbach v. WalterIllinois Supreme Court · 1862
- Tourville v. PiersonIllinois Supreme Court · 1866
3Cited by12 opinions
- Brokaw v. OgleIllinois Supreme Court · 1897
- Demartini v. DemartiniIllinois Supreme Court · 1943
- Chicago & Alton Railroad v. KeeganIllinois Supreme Court · 1900
- McNichols v. McNicholsIllinois Supreme Court · 1921
- First National Bank & Trust Co. v. SandiferAppellate Court of Illinois · 1970
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