Bonnell v. Smith

Citations

• 53 Ill. 375

Syllabus

<p>1. Homestead—of the occupancy required. In December, 1862, a party, the head of a family, purchased a tract of land, and in February, 1803, went into possession, moving with his family into a house on the premises, then also being occupied by his grantor. The families occupied the house together about a week, during which time the purchaser built a shanty on the same premises and moved into it with his family, and remained there until his grantor left the house, during the same month, when the purchaser moved back into the house. About three days after they moved back into the house, the wife of the purchaser left him, in consequence of his abuse of her, and did not return, he remaining in the house a short time after-wards, having no other home, and in April set out an orchard, boarding at a neighbor’s while doing so. During the summer of 1863 the premises were occupied by his tenant, and in October of that year his wife obtained a decree of divorce, and these premises were decreed to her as alimony.. It was held, the purchaser had a homestead right in the premises, until it became transferred to his wife.</p> <p>2. Same—transfer of homestead, right from, the husband to his divorced wife. Where the wife of a party having a homestead right, obtains a divorce from, him, she being the meritorious cause thereof, and the custody of their child being committed to her, she becomes the head of the family, and the homestead right passes to her as such, by operation of the statute.</p> <p>3. Same—effect of absence of the wife prior to the divorce. In this case the wife left her home by reason of ill treatment by her husband, between the middle of the mouth of February and the middle of March, and on the twenty-fourth of the latter month filed her bill for divorce, the decree for divorce being entered in the following October, she, in the meantime, remaining away from the homestead, at her father’s: Held, the wife did not forfeit her homestead right, as against a judgment