Board of Trustees of Town 24, R. 7 East v. Beale

Citations

• 98 Ill. 248
• 1881 Ill. LEXIS 247

Syllabus

<p>1. Homestead—must he released in mortgage to school fund. A mortgage given upon a party’s homestead to secure money borrowed from the school fund, which fails to release or waive the homestead right, is not effective and -obligatory as against such right, although in the form prescribed by the statute in force at the time of its execution, and no forced sale can be had under the same.</p> <p>2. The Homestead law, by making certain exceptions to its operation and effect, clearly shows that it was intended to apply to all cases not included within those exceptions. The School law relating to real estate mortgages, :and the Homestead law, were intended to apply to a distinct and independent Subject matter.</p>