Leonard v. Crane
Illinois Supreme Court
Appeal from the Circuit Court of Jefferson county; the Hon. E. D. Youngblood, Judge, presiding. A bill was filed by appellant for specific performance, and substantially alleges that complainant, in consideration of certain personal property and a certain amount to be paid in cash, purchased a house and lot occupied by J. McKendree Crane and wife.
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Appeal from the Circuit Court of Jefferson county; the Hon. E. D. Youngblood, Judge, presiding. A bill was filed by appellant for specific performance, and substantially alleges that complainant, in consideration of certain personal property and a certain amount to be paid in cash, purchased a house and lot occupied by J. McKendree Crane and wife. It is alleged by the complainant that the contract was consummated by a deed having been signed by the parties, which was delivered to the husband of complainant, who was present with a notary public, by whom the1 acknowledgment was to be taken, and…
1Opinion of the CourtJustice Phillips
The evidence in this record clearly shows the premises were occupied by J. McKendree Crane and wife as a homestead, and were in value less than $1000. The testimony shows that a deed signed by J. McKendree Crane and wife contained a clause relinquishing the homestead right, but there is no evidence to show that the acknowledgment, as claimed to have been made by the notary public, contained any clause with that relinquishment. By the Conveyance act it is requisite that in the deed there shall be contained a clause waiving the right of homestead, and a similar clause must be contained in the…
2Cases cited2 opinions
- Race v. WestonIllinois Supreme Court · 1877
- Richards v. GreeneIllinois Supreme Court · 1874
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