Richards v. Greene

Citations

• 73 Ill. 54

Syllabus

<p>1. Homestead—right is in husband, as owner. On bill by the purchaser of land under a deed of trust executed by a husband, who was the owner, in which his wife failed to unite, to have the homestead set off, it is error to set off the same to the wife.</p> <p>2. Same—husband and wife must both release, to be effectual. The statute having made it a condition to the alienation of a homestead that the wife of the owner shall unite with him in the release, a release of the same by the husband alone of the right is without effect, even as against himself, so far as concerns the homestead right.</p> <p>3. Chancery—relief inconsistent with frame of bill. On bill by a purchaser under a deed of trust which failed to release the homestead, to have the same set off, which shows the existence of prior mortgages, it is erroneous to decree that the complainant is the owner in fee of the premises, subject to the homestead exemption.</p>