Bush v. Scott

Citations

• 76 Ill. 524

Syllabus

<p>1. Homestead—as against purchase money. The statute is plain that no homestead right can existas against the claim for the purchase money of the land to which it is attached.</p> <p>2. Where a party purchased several parcels of land for $1300, paying $500 down, and gave a mortgage on one of the tracts for the balance of the purchase money, and on sale under foreclosure it did not satisfy the debt, and a decree was-taken for the balance under which another of the tracts was sold on execution, it was held, on bill in chancery by the purchaser to set aside the sheriff’s sale of the last tract, on the ground that it was occupied as a homestead, that the bill was properly dismissed on demurrer, as there was no homestead right as against the purchase money due on the entire purchase.</p>