Pidgeon v. Trustees of Schools

Citations

• 44 Ill. 501

Syllabus

<p>1. Estoppel. M. and wife executed a mortgage upon their homestead without the statutory waiver, and afterward conveyed it to P. subject to the mortgage lien, and which lien formed a part of the purchase price. Held, in a suit to foreclose by the mortgagee, that, P. having obtained the premises by admitting the lien and assuming its payment, he was estopped from setting up as a defense the omission of M. and wife to release their homestead right in the mortgage.</p> <p>3. Practice—decree too large—this court u>Ul not jkc amount. Where in a case it, is admitted that the decree rendered by the court below is too large, this court will not fix the amount, but will reverse the case, that the inferior court may enter the proper decree.</p>