Nichols, Shepard & Co. v. Spremont

Citations

• 111 Ill. 631

Syllabus

<p>1. Homestead — sale on execution — setting off the homestead. Where premises are subject to the right of homestead they can not be sold under an execution, so as to confer upon the purchaser a title which will be availing in a court of law, unless the sheriff or other officer holding the execution first sets off the homestead, as required by the statute.</p> <p>2. Sams — judgment lien thereon — rights of purchaser from householder. Judgments against a householder and head of a family residing upon premises as a homestead, to the extent of the homestead therein, are no lien, either at law or in equity; and this homestead interest will pass by the deed of the householder, properly releasing the same, unaffected by such judgments. A sale of the whole estate in the premises, on execution, after such conveyance, will pass no title, at law, to the purchaser.</p> <p>3. Purchaser — subject to incumbrance — liability to pay. A conveyance of land to a purchaser subject to certain enumerated incumbrances, imposes no obligation on him to pay, them.</p>