Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 105)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1883 Excerpt: ... HOMESTEAD. How Extinguished Ob Lost. Continued. conveyances of real estate are required to be acknowledged; or, second, by conveyance of the premises, with abandonment or giving up of pos-session. McMahill et al. v. McMahill, 596. 3. Can not be released by ante-nuptial contract. A widow's home-stead right can not be barred by an ante-nuptial contract to that effect. Such contract may bar dower, but not the right to the homestead, even though the widow may not have any issue of the marriage. The pro-vision securing a homestead being a matter of public concern, can not be abrogated by private contract. Ibid. 596. IMPRISONMENT FOR DEBT. Of The Proper Judgment. 1. When debtor is found not guilty on one charge and guilty of another. On the trial of the issues in the county court whether a debtor was guilty of fraudulently disposing of his property, and was also guilty of unjustly refusing to surrender his property in satisfaction of the judg-ment against him, the jury found the first issue for him, and the second against him: Held, that the court might properly have entered two judg-ments, one discharging the debtor from the first alleged cause of impris-onment, and remanding him on the second, which thereafter, in case of no appeal by the creditor, would constitute the sole ground of his detention. But a simple judgment remanding the debtor to the custody of the officer will have the same effect, and that an appeal by the debtor from such order brings up for retrial only the cnuse of imprisonment for which he was remanded, and the verdict of not guilty as to the charge of fraud, unappealed from by the creditor, is conclusive on that charge, and it can not be again tried on the debtor's appeal. Petition of Ennor, 105. IMPROVEMENTS. Mortgagee--Purchaser Under Mec...