Green v. Marks
Illinois Supreme Court
This was a bill in chancery, filed by Green in the Edgar Circuit Court, to set aside a sale. The bill alleges, that on the 29th day of December, 1859, the defendants caused an execution issued by the clerk of the Edgar Court, on a judgment obtained by them at the October term, 1856, of said court, against one James Gordon, to be levied upon the house and lot of the plaintiff, describing the premises, and that on the 20th day of March, 1860, sheriff William M. Syder, who is…
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This was a bill in chancery, filed by Green in the Edgar Circuit Court, to set aside a sale. The bill alleges, that on the 29th day of December, 1859, the defendants caused an execution issued by the clerk of the Edgar Court, on a judgment obtained by them at the October term, 1856, of said court, against one James Gordon, to be levied upon the house and lot of the plaintiff, describing the premises, and that on the 20th day of March, 1860, sheriff William M. Syder, who is also a defendant to the bill, sold said house and lot, and that the said Henry Marks and David H. Lockwood became the…
1Opinion of the CourtWalker, J.
This record presents the question, whether the homestead of a debtor remains exempt from sale on execution in the hands of his grantee. The first section of the act of February 11th, 1851, (Scates’ Comp. 576), provides, “ That in addition to the property now exempt by law from sale on execution, there shall be exempt from levy and forced sale, under any process or order from any court of law or equity in this State, for debts contracted from and after the fourth day of July, A. D. 1851, the lot of ground and the buildings thereon, occupied as a residence, and owned by the debtor, being a…
2Cases cited1 opinion
- Cole v. GreenIllinois Supreme Court · 1859
3Cited by35 opinions
- Whitlock v. GossonNebraska Supreme Court · 1892
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Klc, Inc., Keystone Leasing v. Cynthia Trayner, Docket No. 04-1404-CvCourt of Appeals for the Second Circuit · 2005
- Hartwell v. McDonaldIllinois Supreme Court · 1873
- Beckmann v. MeyerSupreme Court of Missouri · 1882
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