Magee v. Magee

Citations

• 51 Ill. 500

Syllabus

<p>1. Homestead—what constitutes purchase money. A purchaser of land went into possession and occupied it as a homestead. While so in possession lie Prooure<* a third Person to pay the purchase price to the vendor, promising to execute a mortgage to secure the re-payment of the money as soon as he obtained a deed. He obtained the deed, but refused to execute the mortgage. Upon bill filed by the party paying the money, against the purchaser, t0 en^orce ki® hen upon the land, it was held, that the money paid by the complainant, having been paid by him directly to the vendor for the purpose oi> having the land conveyed to the purchaser, must be regarded as the purchase money of the premises, against which the defendant could not assert a homestead exemption. r</p> <p>2. Jurisdiction—timo of making objection. An objection to the jurisdiction of a court of chancery, on the ground that there is an adequate remedy at law, comes too late after answer filed, unless it be in a class of cases where that court could under no circumstances entertain jurisdiction.</p> <p>■ 3. So where a person advances money for a purchaser of land, paying the purchase money to the vendor, upon the promise of the purchaser to execute a mortgage when he obtained a deed, to secure the re-payment of the money, but afterwards refuses to do so, and the party so advancing the money .files his bill in chancery to enforce his lien upon the land, an objection to the jurisdiction in chancery because there is an adequate remedy at law, to be availing must be'made before answer filed.</p>