![]() The court gave neither instruction, but gave instructions in substance the reverse of them. That the defendant was entitled to a homestead right under the laws of the State of Illinois, in such cases made and provided, which he could set up as a defence in this case. That Mills & Bliss, by filing their bill against Miller, and service of process, obtained a lien upon all the property and effects of Miller which lien had, by the decree and sale of the receiver, passed into a title in Benedict, which title related back to the service of process, and had become paramount to the title of the plaintiff. ![]() Upon these facts, the counsel of the plaintiff below asked the court to charge the jury: 1. ![]() Writing, subscribed by such householder, and his wife, if he have one, and acknowledged in the same manner as conveyances of real estate are by law required to be acknowledged, it being the object of this act to require, in all cases, the signature and acknowledgment of the wife as conditions to the alienation of the homestead.' At the time of the ejectment below, Miller was living with his wife and children in a house on the premises sold which were worth about $2700.
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