#### John Stelk, Individually and as Trustee, Appellant, v. Sophie Hoff et al., Appellees.

Gen. No. 23,333.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed April 16, 1918.

Rehearing denied April 29, 1918.

Statement of the Case.

Bill by John Stelk, individually and as trustee, complainant, against Sophie Hoff et at., defendants, to foreclose a trust deed to him from Sophie Hoff, executed June 14, 3915, to secure the sum of $554. Defendant, Emil M. Weber, filed a cross-bill, individually and as successor in trust to Charles Weber, trustee, to foreclose a trust deed to the same premises, executed by Peter Hoff and his wife, said Sophie, February 2, 1907, to secure a debt of $1,000 to a firm, of which said Webers were members. The acknowledgment of the last-mentioned trust deed was taken before Bertha Weber, another member of that firm. The issues presented raised as the main question whether the trust deed of February 2, 1907, was a mere.extension or renewal of a previous trust deed of November 2,1897, to the same trustee, executed by Friederike Wilkie to secure her note to her own order for $1,000 in three years, which was released in 1901. From a decree for defendants, complainant appeals.

G. A. Buresh, for appellant.

Roy L. Kranzow, for appellee Hoff.

Matthew P. Brady, for appellee Weber.

*230Abstract of the Decision.

1. Mortgages, § 237 * —when change in evidence of debt or form of security does not cancel old debt. Change in the evidence of a debt or the form of security therefor does not cancel the old debt where the intention of the parties is to continue in force the original debt.

2. Homestead, § 41*—when not acquired. As against an existing lien, rights of homestead cannot be acquired by a subsequent conveyance.

3. Mortgages, § 124*—when lien of trust deed shown to be inferior to prior trust deed. On a bill to foreclose a trust deed, evidence held to show that the lien of such deed was inferior to that of a previously executed trust deed covering the same property.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Barnes

delivered the opinion of the court.