Haworth v. Travis

Citations

• 67 Ill. 301

Syllabus

<p>1. Bankruptcy—effect of, on judgment lien. The lien of a judgment is not affected by the bankrupt act of 1867, and unless discharged by the assignee, may be enforced after the discharge of the judgment debtor in bankruptcy.</p> <p>2. Judgment lien—on homestead. The lien of a judgment does not attach to the homestead of the debtor where the same is not worth more than $1000, unless he shall abandon the same, and the debtor may sell and convey the same free from such lien; but where the ground occupied as a homestead, with the improvements, exceeds in value $1000, á judgment against such debtor becomes a lien on the residue over and above the $1000 in value.</p> <p>3. Where mortgaged property was set off to a bankrupt by the as: signee, as a homestead, subject to the incumbrance thereon, and the debtor afterwards redeemed from the mortgage, it was held, that the property in excess of the value of $1000 became liable to sale on execution under a judgment rendered against him subsequent to the execution of the mortgage, and prior to his discharge in bankruptcy.</p> <p>4. Homestead—inorease in value. Improvements placed upon property occupied as a homestead, and thus increasing its value, or the rise in value of the same, after the attaching of a lien by judgment, or after an allotment is made, will not prevent a new appraisement and allotment so as to reach the excess in value of the same over §1000.</p>