Dawson v. Hayden

Citations

• 67 Ill. 52

Syllabus

<p>1. Homestead—not protected against sale under deed of trust under act of 1851. Where a deed of trust was executed, in 1853, by the husband, of his homestead, his wife not joining therein, and the premises sold and conveyed by the trustee, it was held that a homestead could not be asserted in defense of an action of ejectment by the purchaser.</p> <p>3. Same—act of 1851 construed. The homestead act of 1851 exempted homesteads only “ from levy and forced sale under any process or order from any court of law or equity,” but not from sale under a power given in a deed of trust. The amendatory act of 1857 has no application to mortgages and deeds of trust executed before it took eifect.</p> <p>3. Acknowledgment. Where a deed acknowledged in the State of Missouri, for lands in this State, is acknowledged in conformity to the laws of this State, it is admissible in evidence in our courts.</p> <p>4. Same—confirmatory act of 1853. The confirmatory act of 1853 which requires the certificate of acknowledgment to show that the deed was executed “freely and voluntarily,” relates to deeds' made by husband and wife, and has no application to a deed made by a trustee under a power in a deed of trust.</p> <p>5. WTrere the certificate of the acknowledgment of a deed made in 1859, states that the grantor acknowledged the deed “to be his act and deed for the purpose therein mentioned,” it will be a sufficient acknowledgment.</p> <p>6. Trustees’ sale—defense at lorn against. On the trial of an action of ejectment, a deed made by a trustee under a power in a deed of trust, can not be excluded or the sale impeached on the ground that the notice of the sale had not been given for the requisite length of time. It is sufficient to pass the legal title, and whether in compliance with the provisions of the trust deed or not, is not a subject of inquiry jn a court of law.</p>