Brown v. Coon

Citations

• 36 Ill. 243

Syllabus

<p>1. Homestead bight—how lost by acts in pais. The plaintiff below sold his homestead, and conveyed it by deed executed by himself and wife. The deed did not release the homestead under the statute, but the grantors gave, the grantee possession. The grantee afterwards sold and conveyed to the defendant below, and gave him possession. The plaintiff then brought ejectment to recover the premises. Held, That the homestead right was lost by the abandonment of possession to the plaintiff’s grantee, as completely as if there had been a relinquishment in the form required by the statute.</p> <p>2. Cases explained. The cases of Patterson v. Kreig, 29 Ill. 518, and Best v. Alien, 30 Ill. 30, commented upon and explained.</p> <p>3. Homestead. A deed may be inoperative as to homestead rights, without being absolutely void, and a deed of the homestead is not necessarily void because it does not contain the statutory waiver.</p> <p>4. Same. The rights of infant children in the homestead are under the control of the parents during the joint life of the latter.</p> <p>6. Same. Semble, that the homestead can be transferred and held by the grantee, discharged of the lien of a prior judgment.</p>