Ely v. Eastwood
Illinois Supreme Court
Dependants in error, on the fourth of February, 1860, filed their bill in the Lee Circuit Court against plaintiff in error, Ely, alleging that, on the fourteenth day of January, 1857, defendants in error made their promissory note, payable to Quartus Ely, twelve months after date thereof, for the sum of six hundred and thirty-three dollars, for an indebtedness from said Martin Eastwood to said Ely; that to secure the payment of said note, they, at the time of making the…
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Dependants in error, on the fourth of February, 1860, filed their bill in the Lee Circuit Court against plaintiff in error, Ely, alleging that, on the fourteenth day of January, 1857, defendants in error made their promissory note, payable to Quartus Ely, twelve months after date thereof, for the sum of six hundred and thirty-three dollars, for an indebtedness from said Martin Eastwood to said Ely; that to secure the payment of said note, they, at the time of making the same, executed and delivered to said Ely, an instrument purporting to be a deed of trust, a copy of which is attached to the…
1Opinion of the CourtCaton, C. J.
The statute says, the homestead “ shall be exempt from levy and forced sale, under any process or order from any court of law or equity in this State.” This sale was made by a trustee under a trust deed, and was not made under a levy under any process or order of any court of any kind, and we cannot hold it to be within the law, without altering the statute itself. There may be as much propriety and necessity for exempting the homestead from sale for the payment of debts under a trust deed, as from sale under legal process, and probably had the legislature thought of this case, they would…
2Cited by3 opinions
- Crane v. CraneIllinois Supreme Court · 1876
- Dawson v. HaydenIllinois Supreme Court · 1873
- In re CrossU.S. Circuit Court for the District of Nebraska · 1873