Barrett v. Wilson

Citations

• 102 Ill. 302
• 1882 Ill. LEXIS 29

Syllabus

<p>1. Homestead—execution sale is void. A sale of a party’s premises, occupied and held by him as his homestead, which are of less value than $1000, on execution against the occupant, is void, and may be set aside on bill by the householder, when his homestead has not been waived, released or abandoned.</p> <p>2. Same—surrender of possession—what constitutes. Where the owner of a homestead of less value than $1000, after its sale under execution against him, and before the taking out of a sheriff’s deed, let the assignee of the certificate of purchase into possession of- one of the houses upon the premises, under an agreement the assignee should take care of and maintain him during his life, and then have the property, which contract the assignee denied, and refused to maintain the occupant: Held, that this was not such a surrender of the possession as to make the sheriff’s deed valid, or prevent the occupant from having the sale and deed set aside.</p>