Gage v. Wheeler

Citations

• 129 Ill. 197
• 21 N.E. 1075

Syllabus

<p>1. Homestead—release—acknowledgment—requisites thereof. To make a valid release, waiver or conveyance of the homestead right as against the person entitled to the exemption or estate, the requirements of the statute, both as to the terms of the deed and the acknowledgment, must be complied with.</p> <p>2. The right of homestead can only be released by an acknowledgment, in the same manner as conveyances of real estate are required to be acknowledged.</p> <p>3. A mortgage or conveyance without acknowledgment may be valid to convey all other rights and interests of the grantors except the homestead right. Such right can be conveyed only by a contract acknowledged as required by the statute.</p> <p>4. A husband and wife executed a chattel mortgage upon a house upon leased ground, and which was occupied by them as a homestead. The mortgage was acknowledged by both before a justice of the peace, his certificate containing the clause, “including the release and waiver of the right of homestead,” but failed to show that the grantors personally appeared before the officer, or were personally known to him tobe the persons making the acknowledgments: Held, that the certificate was fatally defective, and that the mortgage did not pass the homestead right.</p> <p>5. Acknowledgments oe deeds—requisites. Acknowledgments to conveyances of real estate can only be made when the grantors are personally known to the officer taking such acknowledgment to be the real persons in whose name such acknowledgment is proposed to be made, or shall be proved to be such by a credible witness; and the fact of such personal knowledge or proof must be stated by such officer in the certificate of acknowledgment.</p>