¶1This case is, in all material particulars, like that of McDonald v. Crandall, 43 Ill., 231, and we must hold, as was there held, that the elder mortgagee takes the title.
¶2Deeree affirm-ed.
47 Ill. 225
Coe v. Smith
Decided January 15, 1868
Illinois Supreme Court · decided 1868-01-15
Wbit of Ebbob to the Circuit Court of Macon county; the Hon. O hables Emebson, Judge, presiding. Hamsher and wife conveyed, by mortgage, to Thomas O. Smith, a lot in Decatur, in which they had a homestead, without waiving or releasing it in the deed. Subsequently the same parties conveyed by mortgage, to Coe and Yan Duyn, the same premises, and in the deed to them, the homestead was waived and released in due form.
Cited by 2 later decisions — most recently July 1904
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1868-01-15
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