Smith v. Mace
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This is an action of ejectment, brought by James A. Smith and wife, against Henry Mace, to recover the possession of one hundred and sixty acres of land in Knox county. The cause was tried by the court without a jury, who found for the defendant.
1Opinion of the CourtChief Justice Scholfield
Appellants mortgaged their homestead, relinquishing and waiving all their rights therein in conformity with the requirements of the statute. The mortgage was foreclosed and the homestead sold, and appellants failed to redeem from the sale. After the expiration of twelve months and before the expira-. tion of fifteen months from the date of the sale, a junior judgment creditor, as to whom there was no relinquishment or waiver, in writing, of appellants’ rights of homestead, redeemed from the sale under the mortgage, had the property sold on an execution issued on his judgment, became the…
2Cases cited2 opinions
- Fitch v. WetherbeeIllinois Supreme Court · 1884
- Borders v. MurphyIllinois Supreme Court · 1875
3Cited by11 opinions
- Hack v. SnowIllinois Supreme Court · 1929
- Herdman v. CooperIllinois Supreme Court · 1891
- Butler v. BrownIllinois Supreme Court · 1903
- Keithley v. Interstate Bank & Trust Co.Appellate Court of Illinois · 1910
- Lawn View Building Corp. v. WeinstockAppellate Court of Illinois · 1937
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