Clubb v. Wise

Citations

• 64 Ill. 157

Syllabus

<p>1. Homestead—requisites of wife’s release. Where a husband and wife executed a mortgage on premises occupied by them as a homestead, which contained in its body a formal release of the homestead right, but in. the certificate of acknowledgment, which was in the ordinary form, showing that she had relinquished her dower only: Held, that the mortgage was inoperative to release the homestead right, because the wife had failed to acknowledge that she specifically released the right.</p> <p>2. Former adjudication—as to release of homestead binding on parties and primes. A bill to foreclose a mortgage given by husband and wife charged that they had released all their right of homestead in the premises, and the decree which was rendered on their default found the fact to be as charged, though it was not true in point of fact. The premises were sold by the master under this decree, after which the children of the mortgagors filed their bill to set aside the sale, on the ground that the exemption had not been released: Held, that the former adjudication was conclusive, not only upon the mortgagors, but upon the complainants as privies succeeding or claiming under them, and that such bill was properly dismissed.</p> <p>3. Homestead—rights of children in respect to. During the life of the parents, the children have no vested interest in the homestead, and the parents may release the- right, or put an end to it by abandonment, and their children can assert no right therein adversely to the acts of their parents. Whatever concludes the parents from asserting the right, and thereby deprives them of it, will in like manner affect their children who succeed them.</p>