Symonds v. Lappin

Citations

• 82 Ill. 213

Syllabus

<p>1. Homestead — claim must be clearly shown. In order to avail of the benefit of the Homestead law, it is incumbent on a defendant, in a suit to foreclose a mortgage, to allege, in his answer, such facts as certainly bring him within the protection of the law.</p> <p>2. Same—right must exist when the mortgage is given. Hnless the right of homestead exists at the time a mortgage is given by the claimant, there is no necessity for its relinquishment, and an answer to a bill to foreclose a mortgage, which states that the land is occupied by the defendant as a homestead, and that he did not, by the mortgage, relinquish such homestead, but which does not state that the land was occupied as a homestead at the time of executing the mortgage, does not bring the question of the defendant’s homestead right before the court.</p>