Winslow v. Noble

Citations

• 101 Ill. 194
• 1882 Ill. LEXIS 80

Syllabus

<p>1. Homestead^-icTmií indebtedness is for purchase money.* Where a party exchanged land on which there was an incumbrance, for another tract, agreeing to discharge the incumbrance, and taking a deed in wfiich a lien was reserved to secure the performance of such agreement, and afterwards borrowed money with which to relieve the land so given by him in the exchange, from the incumbrance, giving a mortgage on his own land to secure its repayment, it was held, that the money so borrowed was in no sense purchase money of the land mortgaged by him.</p> <p>2. Same—enforcing in equity, party must do equity. Where the owner of land which had been, sold on foreclosure of a' mortgage which failed to release the homestead, induced another to purchase the land by taking up the certificate of purchase, the time of redemption having nearly expired, and' pay him the balance of the purchase money, $400, and accepted a lease from such purchaser, but learning of the defect in respect to the release of the homestead refused to surrender possession to the purchaser, and filed his bill to enjoin the recovery of possession by forcible detainer, without paying back the $400 received by him, it was held, that under the maxim, he who seeks equity must do equity, and come with clean hands, the complainant was not entitled to the relief sought.</p> <p>3. Same—abandoned, by accepting lease of premises. Where the owner of land sold on foreclosure against him, sells his interest to another, who procures an assignment of the certificate of purchase, and pays the balance of the price to such owner, and the latter, after a deed is made on the foreclosure sale, takes a lease of the person so purchasing, the accepting of such lease will be a surrender and abandonment of the premises, within the meaning of the Homestead act, and the former owner will have lost his homestead, though not properly released in the mortgage under which the sale was made.</p> <p>4. Same —former decision. What was said in