Warner v. Crosby
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. This is forcible detainer, brought before a justice of the peace, by appellant against appellees, for the possession of real estate occupied as a homestead by them at the time of the making of the mortgage in question, and such occupation was continued until the trial in the circuit court, to which the proceeding was taken by appeal.
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Appeal from the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. This is forcible detainer, brought before a justice of the peace, by appellant against appellees, for the possession of real estate occupied as a homestead by them at the time of the making of the mortgage in question, and such occupation was continued until the trial in the circuit court, to which the proceeding was taken by appeal. In that court, a jury being waived, the trial was by the court. Judgment was given for defendants, and plaintiff appeals to this court. Plaintiff claimed under a mortgage, with…
1Opinion of the CourtJustice Dickey
Prior to the act of 1869, the mode of conveying the fee in land was one thing, and the mode of releasing land from the statutory exemption of the homestead was another thing. The former was regulated by the chapter entitled “Conveyances,” in the Revised Laws of 1845. The latter was controlled by the act of 1851, relating to the exemption of homesteads, as amended in 1857. These latter acts made reference to the laws of 1845, and were construed by this court to require an acknowledgment from the wife (for the release of homestead) which was not the same in substance or form with any…
2Cases cited6 opinions
- McDonald v. CrandallIllinois Supreme Court · 1867
- Boyd v. CudderbackIllinois Supreme Court · 1863
- Bressler v. KentIllinois Supreme Court · 1871
- Hewitt v. TempletonIllinois Supreme Court · 1868
- Smith v. MillerIllinois Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Wheeler v. GageAppellate Court of Illinois · 1888