Black v. Curran
Supreme Court of the United States
Error to the Circuit Court for the District of Illinois; the case being thus: The statutes of Illinois* relating to homesteads enact: “Section 1. . . . There shall be exempt from levy and forced sale, under any process or order from any court in this State, for debts contracted, the lot of ground and buildings thereon, occupied as a residence, and owned by the debtor, being a householder and having -a family, to the value of $1000. Such exemption shall continue after the…
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Error to the Circuit Court for the District of Illinois; the case being thus: The statutes of Illinois* relating to homesteads enact: “Section 1. . . . There shall be exempt from levy and forced sale, under any process or order from any court in this State, for debts contracted, the lot of ground and buildings thereon, occupied as a residence, and owned by the debtor, being a householder and having -a family, to the value of $1000. Such exemption shall continue after the death of such householder, for the benefit of the widow and family, some or one of them continuing to occupy such…
1Opinion of the CourtJustice Davis
The rights of the parties to this suit depend upon the construction to be given the homestead laws of Illinois. These laws exempt from forced sale oh execution the lot of ground and the buildings thereon occupied as a residence and owned by the debtor, being a householder and having a family, to the value of one thousand'dollars. And the owner of the homestead, if a married man, is not at liberty to alienate it except with the consent of the wife, and there must be an express release and waiver of the exemption on the part of both to render the conveyance operative. A mode is provided, for…
2Cited by10 opinions
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Hartwell v. McDonaldIllinois Supreme Court · 1873
- Federal Land Bank of Baltimore v. Corte Municipal de CialesSupreme Court of Puerto Rico · 1935
- Crisp v. CrispSupreme Court of Missouri · 1885
- Morrison v. BarhamCalifornia Court of Appeal · 1960
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