Parrott v. Kumpf

Citations

• 102 Ill. 423
• 1882 Ill. LEXIS 49

Syllabus

<p>1. Homestead—purchaser under foreclosure—extent of his rights when homestead not released. A purchaser of land at a sale under a decree of foreclosure of a mortgage, acquires by his deed the absolute title to all that was by the mortgage subjected to the payment of the debt, and no more. If the homestead is not properly released, he takes the surplus in value over $1000, but when the homestead has not been set off he acquires no right to the possession.</p> <p>2. Same—indebtedness—whether for the purchase or improvement of the premises. Money borrowed with a view of being used in the purchase or improvement of real estate, and which is so used, as between the borrower and lender does not constitute a debt or liability incurred for the purchase or improvement thereof, within the meaning of the Homestead law.</p> <p>3. Pabol evidence—as to whether premises sold under a mortgage were occupied as a homestead. After the foreclosure of a mortgage in which the homestead is not released, and a sale and deed of the property is made, parol evidence is admissible, in an action of forcible detainer for possession, to show that the premises were occupied as a homestead at the time of the execution of the mortgage, and have been so occupied ever since. Such evidence is not to contradict or vary the record, but to show the status of the property at the time of the mortgage, and thus show what, in fact, was the subject matter of the mortgage, and hence the subject matter of the claim.</p> <p>4. Constitutional law—law for acknowledgment of deeds and, mortgages—as impairing obligation of contracts. The law in regard to the acknowledgment of deeds and mortgages is not unconstitutional, as impairing the obligation of contracts. The legislature has the power to enact, as to future contracts, that the same shall not be binding or effective in any way without a seal, or without an acknowledgment of a specific kind. Such a statute only prescribes what shall be essential to constitute a