Hume v. Gossett

Citations

• 43 Ill. 297

Syllabus

<p>1. Statutes — construction of. Section seven of the township organization act of 1861, making a town collector’s bond a lien upon all of. his real estate, does not repeal the homestead exemption act, so far as his bond is concerned.</p> <p>2. Same—repeal of by implication—not favored—repugnance must be evident. A repeal of a law by implication is not favored; to resort to this, the repugnance between the statutes must be so clear and plain, that they cannot be reconciled.</p> <p>3. Judgment—on official bond of collector—no lien on the homestead. A judgment rendered against a town collector upon his official bond, is like any other judgment, and creates no lien which can be enforced against his homestead, except in the mode pointed out by statute.</p> <p>4 Homestead—right—how protected. The homestead right is protected against all liens and sales, and against all modes of conveyance, whether by deed absolute, or by mortgage, unless released or disposed of, in the mode pointed out in the homestead act.</p> <p>5. Same—legislative intention. The legislature did not design to place the State, as to its revenue, in any better position than the citizen was placed in regard to the collection of his debt, as against the homestead of the debtor.</p> <p>6. Same — when may be sold in execution. When the value of the homestead exceeds $1,000, on paying that sum to the owner, it may be sold under an execution; and in such a contingency, a judgment, whether upon the official bond of a collector, or otherwise, may be enforced, but it does not create any lien against the homestead of the debtor.</p>