Coe v. Smith

Citations

• 47 Ill. 225

Syllabus

<p>1. Homestead exemption—effect of waiver and abandonment as between junior and senior mortgagees. Where amortgag or executes a first and second mortgage on premises in which he has a homestead, without a release thereof in the first, but with a release in the second, and then abandons the premises, the first mortgage is the prior lien, and takes, discharged of the homestead. See McDonald v. Crandall, 43 Ill., 231, applied to the facts in this case.</p>