Fishback v. Lane
Illinois Supreme Court
Writ of Error to the Circuit Court of Macoupin, county; the Hon. Edward Y. Rice, Judge, presiding. This was a bill in chancery, filed at the March term, 1864, of the Macoupin Circuit Court, by the plaintiff in error, to enjoin the sale of a homestead levied on under execution. There was a decree pro forma dismissing the bill, and the plaintiff sued out a writ of error. The facts are stated in the opinion.
1Opinion of the CourtJustice Lawrence
Lane recovered a judgment against Davis in the Macoupin Circuit Court. Subsequently, Davis made a deed of trust of his homestead to one Freeman, as trustee, for the benefit of Barnett, Leach and Lynch. Freeman sold under the trust, and the cestuis que trust became the purchasers, and received a deed. Davis gave them the possession, and they sold to Fishback, the plaintiff in error. There was no statutory waiver of the homestead in the deed of trust from Davis to Freeman. After the sale to Fishback, Lane, the judgment creditor, sued out execution and levied on the homestead. Fishback then…
2Cited by3 opinions
- Lehman v. CotrellAppellate Court of Illinois · 1939
- Wiggins v. ChanceIllinois Supreme Court · 1870
- Heirs of Hastings v. DorranceIllinois Circuit Court · 1904