Hubbell v. Canady

Citations

• 58 Ill. 425

Syllabus

<p>1. Homestead exemption. The homestead exemption provided for by our statute, takes in the entire lot upon which the debtor resides, whatever else may be there, and for whatever else used, if its value is less than §1000.</p> <p>2. Estoppel—ordinary rules of—not applicable to homestead cases. The law exempts the homestead, and the debtor is required to perform no act, to discharge no duty, nor even to manifest any intention to avail himself of its benefits. Hence the ordinary rules in regard to laches, in parties failing to make their defense at law, or to bring suit in a reasonable time, are not applicable, when homestead exemption claims are asserted.</p> <p>3. Homestead—can not be alienated by laches. A husband can not effect an alienation of his family homestead by laches, and thus, by an indirect method, accomplish what he can not do directly. The right is conferred by statute, and can only be divested in the mode provided by the statute.</p> <p>4. Practice—setting aside satisfaction obtained by a sale of homestead. Where a judgment is satisfied by the sale of the homestead, and, by a bill for that purpose, the sheriff’s deed is set aside, the court should, by the same decree, set aside the satisfaction of the judgment.</p>