Dodds v. Snyder
Illinois Supreme Court
Appeal from the Circuit Court of Stephenson county; the Hon. Benjamín B. Sheldon, Judge, presiding. This was a suit in equity brought by Elizabeth Dodds, in the Stephenson Circuit Court, against William H. Snyder, Jeremiah J. Piersol and Mary Jane Dodds, to enjoin the sale of eighty acres of land under a decree of foreclosure.
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Appeal from the Circuit Court of Stephenson county; the Hon. Benjamín B. Sheldon, Judge, presiding. This was a suit in equity brought by Elizabeth Dodds, in the Stephenson Circuit Court, against William H. Snyder, Jeremiah J. Piersol and Mary Jane Dodds, to enjoin the sale of eighty acres of land under a decree of foreclosure. It appears that Samuel F. Dodds in his life-time, on the 11th day of December, 1857, being indebted to Richard H. McGoon, to secure the same, executed a deed conveying block one in the town of Sena, which was then his homestead and still is that of his family, and the…
1Opinion of the CourtChief Justice Walker
When Samuel F. Dodds executed the deed of trust to secure the payment of the debt he owed McGoon, on the block of ground, and the eighty acres of land, he unquestionably gave the right to sell the land before the homestead should be subjected to its payment. There can be no doubt that the trustee could, and it may be, under the statute which declares the land on which the debtor resides shall be last taken on execution, that under a decree of foreclosure he could have been compelled to, sell that tract first. But as between the parties to the deed of trust, there can be no question that such…
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