Boyd v. Fullerton

Citations

• 125 Ill. 437
• 17 N.E. 819

Syllabus

<p>1. Homestead—what embraced in the exemption. Where, at the time of the rendition of a judgment against a party, he was occupying, as his homestead, four contiguous lots, inclosed together, not exceeding in value §1000, they will be exempt from sale under such judgment, he continuing to occupy the same, and being the head of a family.</p> <p>2. Same—acquiring a new homestead—as to intervening judgments. Where the head of a family has sold his homestead, and secured another lot of ground and erected thereon a dwelling, with the manifest intention of making it a homestead, and actually does move upon it within a reasonable time, and its value is not in excess of $1000, he will be protected in the same against a judicial sale upon an intervening judgment.</p> <p>3. At the time of the recovery of a judgment against a party, the head of a family, residing with the same, he had sold a former homestead and purchased lots for another, which he had in possession, upon which he was erecting a dwelling house, which was, within a reasonable time thereafter, completed, and he then, with his family, moved into the same, and occupied it until his death. The whole property did not exceed §1000 in value. The property so constituting the new homestead was sold upon execution under the judgment, and a sheriff’s deed made: Held, that the property was exempt from sale, and that the sale and sheriff’s deed were void.</p>