Raber v. Gund

Citations

• 110 Ill. 581

Syllabus

<p>1. Homestead—as to the measure of its extent, as to the lot or tract. of land. Where a debtor’s dwelling house, garden, orchard, and all the homestead improvements, are upon a forty-acre tract of a farm consisting of six hundred and forty acres, and such forty-acre tract exceeds in value $1000, the homestead exemption or estate will be confined to such forty-acre tract, and any of the remaining portion of the' farm may be sold on execution against ■ the debtor, free from any claim of homestead.</p> <p>2. If several tracts of land constituting a single, entire farm, occupied as a homestead, do not exceed in value $1000, the estate of homestead will include the farm; but if one lot of land occupied as a homestead exceeds in value $1000, the estate of homestead must be limited by the boundaries of that lot, although it may have been used as a part of a larger farm.</p> <p>3. Where the lot of land in which there is an estate of homestead, exceeds in value $1000, the excess is subject to the lien of a judgment against the owner, or of a mortgage.</p> <p>4. Same—as to the character of interest in which the right may exist. The owner of land can not have two distinct estates of homestead in the same property. Thus, if he mortgage his land, releasing the homestead right, he has no estate of homestead in the equity of redemption. Nor is this rule affected by the act of 1872, giving an estate of homestead as contra-distinguished from a mere exemption given by the former statute.</p> <p>5. Judicial sale—application of surplus money arising therefrom. A, being the owner of a farm of six hundred and forty acres, gave a deed of trust on two forty-acre tracts of the same to B, in which the homestead was properly released. It appeared that the homestead, buildings and improvements were all on the north forty-acre tract, and that it was worth more than $1000. Subsequently, D obtained judgments against A, under which the south forty-acre tract in the deed of trust was levied upon