Stodalka v. Novotny

Citations

• 144 Ill. 125

Syllabus

<p>1. Homestead — how conveyed. All deeds or other instruments for the alienation of the homestead of a party, whatever may be their language, are invalid as affecting the homestead, unless it shall be released or waived in the manner prescribed by the statute.</p> <p>2. Same — contract for the sale of a homestead — its essentials. A contract for the sale or conveyance of land which is a homestead, must not only contain a special release of the homestead right, but it must also be in writing and subscribed by the person in whose favor the homestead exists, with his or her wife or husband, if he or she has one, and acknowledged in the same manner as conveyances of real estate are required to be acknowledged.</p> <p>3 Same — imperfect contract of sale — reforming and enforcing specific performance. Where the written contract of a husband and wife for the conveyance of their homestead contains no release of the right of homestead, and is not acknowledged as required by law, a court of equity can not specifically enforce the same by reforming the same in accordance with the verbal contract, although the omission of such release and acknowledgment may be the result of mistake or ignorance of the officer drafting the same.</p> <p>4. A court of equity has no power to reform a contract for the sale of a homestead by the insertion therein of a release of that right and an acknowledgment, and then to enforce specific performance. Such court can not give life to an instrument which has no vitality in itself.</p>