Hutchings v. Huggins
Citations
- 59 Ill. 29
Syllabus
<p>1. Homestead—mode of release. Where a husband and wife execute a mortgage upon lands to which a homestead right has attached, a release or waiver of such right can not be effected by the officer’s certificate of acknowledgment alone. There must be a formal release or waiver of the statute, signed by the party releasing.</p> <p>2. Beeobmino a deed—so as to affect the rights of a married, woman. It is not competent for a court of equity to reform a mortgage conveying the interest of a married woman in real estate, executed by her, jointly with her husband, so as to essentially change its provisions.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[N]o party [to a consent judgment] can . . . be permitted to have [it] modified . . . without showing some . . . mistake by which he was induced to enter into the agreement . . . or without showing some other valid reason why he should be released from it.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McAllister
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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