Meade v. Finley

Citations

• 47 Ill. 406

Syllabus

<p>1. Judicial sale—setting same aside at instance of the purchaser. Where the plaintiff in an execution procured a sale of real estate of the defendant, to be made thereunder, and himself became the purchaser, filed his bill in chancery to set aside the sale, on the alleged ground that the defendant had a homestead right in the premises, and were therefore not subject to sale; in answering the bill, the defendant disclaims having any right of Homestead in the premises, and it not appearing that any homestead right did exist, the bill was properly dismissed.</p> <p>2. While the court might properly have directed the defendant in such case to bring into court a deed of release of homestead in support of his answer, it had no right to require the complainant to accept such deed in discharge of any real or supposed liability on the part of the defendant; this should be left optional with them.</p>