Legal Opinion

Weider v. Clark

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 7 opinions

This was a bill to foreclose a mortgage, filed in the Circuit Court of Hancock county, by Benjamin Clark against the plaintiffs in error. A change of venue was taken to McDonough county. The defendants filed a cross-bill setting up a homestead exemption. The opinion of the Court gives a statement of all the points considered by the court.

1Opinion of the CourtWalker, J.

The defendant, in his cross-bill, alleged that he was a householder, the head of a family, and resided on the premises in controversy, at the time when the notes 'and mortgage were executed. This was admitted by complainant’s answer, and such portion of the evidence as shows, that he was not occupying the premises at that time cannot be considered, in opposition to that admission, so long as it remains. In determining the case, the admission must be regarded as true. But the question is, whether the notes and mortgage were given for the purchase money of these premises, and if so, the…

2Cited by7 opinions

  1. Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
  2. Home Insurance & Banking Co. v. MyerIllinois Supreme Court · 1879
  3. Holsinger, Theis & Co. v. HolsingerAppellate Court of Illinois · 1946
  4. Teter v. MooreWest Virginia Supreme Court · 1917
  5. Silsbe v. LucasIllinois Supreme Court · 1865

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