Hoskins v. Litchfield
Illinois Supreme Court
Weit of Eeeoe to tbe Circuit Court of Bureau county; the Hon. M. E. Hollistee, J udge, presiding. On the 30th day of August, 1859, the plaintiff in error, William Hoskins, exhibited his bill in chancery in the Circuit Court, against Hervey Litchfield and Elizabeth Litchfield, his wife, to foreclose a mortgage executed by the defendants, to Hoskins, on the 10th of December, 1857. The mortgage was in the ordinary form, containing the words, “grant, ia/rgain, sell and…
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Weit of Eeeoe to tbe Circuit Court of Bureau county; the Hon. M. E. Hollistee, J udge, presiding. On the 30th day of August, 1859, the plaintiff in error, William Hoskins, exhibited his bill in chancery in the Circuit Court, against Hervey Litchfield and Elizabeth Litchfield, his wife, to foreclose a mortgage executed by the defendants, to Hoskins, on the 10th of December, 1857. The mortgage was in the ordinary form, containing the words, “grant, ia/rgain, sell and conveyThere was no express release of the homestead right of the defendants in the premises, either in the body of the deed, or…
1Opinion of the CourtChief Justice OatoN
~Wq are now presented with a new question under the homestead law. Ever since its enactment, we have endeavored to administer this law in that spirit of liberality which manifestly influenced the legislature in its enactment, without frittering away its benefits by construction, because we might not, as individuals, approve its policy. This was for the legislature to determine, and we cordially accept that determination, and will faithfully discharge our duties, by fairly enforcing the law in its true spirit and intent.
No one can doubt, who will carefully examine this legislation, that it was…
2Cited by11 opinions
- Hubbell v. CanadyIllinois Supreme Court · 1871
- Hooper v. CastetterNebraska Supreme Court · 1895
- Imhoff v. LipeIllinois Supreme Court · 1896
- Moore v. TitmanIllinois Supreme Court · 1864
- Mooers v. DixonIllinois Supreme Court · 1864
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