Trustees of Schools v. Hovey

Citations

• 94 Ill. 394

Syllabus

<p>1. Homestead—not affected by lien of collector's bond. The lien created by statute upon the real estate of a collector of the revenue, who gives an official bond, does not in any way affect the homestead estate of such collector.</p> <p>2. Same—release—sufficiency of acknowledgment. A certificate of acknowledgment of a release of a homestead by a husband and wife, for the purpose of having a levy made thereon, that on a certain day came before the officer A, and B, his wife, to him known to be the identical persons who executed the above release and waiver, and acknowledged that they executed the same freely and voluntarily for the uses and purposes therein expressed, and that the said B, wife of the said A, u after having been informed by me of her rights under the homestead law and of the effect of this instrument, on being examined separate and apart from the said husband, acknowledged that she had executed the same freely, voluntarily, and for the purpose of waiving homestead and her dower in the same, and without the compulsion of her said husband, and that she does hot wish to retract,” is insufficient to release the homestead as to the husband, for the reason that no such intention is shown in the acknowledgment, but is good as to the wife.</p>