Cummings v. Burleson

Citations

• 78 Ill. 281

Syllabus

<p>1. Homestead—turn set off on decree of foreclosure of mortgage. The statute not having, in terms, pointed out the particular manner in which a court of chancery shall proceed to set off a homestead, where it becomes necessary to enforce a lien in equity on the premises, it is proper to adopt the mode provided by the statute when an officer holds an execution.</p> <p>2. It is proper in a decree of sale upon foreclosure of a mortgage, to direct the master in chancery “to proceed, according to law, to summon three householders, as commissioners, who shall, upon oath, administered to them by such master, appraise the value of the premises in which homestead is claimed, and if the premises can, in their opinion, be divided without injury to the interests of the parties, to set off so much thereof, including the dwelling house, as shall be worth $1000, and that the master sell the residue of said premises.”</p> <p>3. In summoning such commissioners, the master acts as an officer of the court, for and on behalf of all the parties to the proceeding, and need not consult the owner of the premises in selecting such commissioners.</p> <p>4. Injunction — assessment of damages on dissolution. Where the sale of premises by a master in chancery was enjoined, it was proper, in assessing damages on the dissolution of the injunction, to include the costs of advertising the sale, and a reasonable solicitor’s fee for defending the injunction suit.</p>