Browning v. Harris

Citations

• 99 Ill. 456
• 1881 Ill. LEXIS 195

Syllabus

<p>1. Homestead — when conveyance of is void. Since the enactment of 1873 a homestead is made an “ estate ” in the land to which it attaches, to the extent of $1000 in value; and where the entire premises occupied as a homestead do not exceed that sum in value, and a mortgage or deed of the premises contains no release or waiver of the homestead, as required by the statute, and possession is not given or the premises abandoned, the deed or mortgage given on j.jje same wju i,e inoperative and void, as having nothing upon which to take effect. Where the value exceeds $1000, it will operate upon the excess only-</p> <p>2. Same — can not exist independent of the title from which it is taken. The right of homestead having been enlarged into an estate, it follows that, like all other estates, it can’have no separate existence independent of the title, which constitutes one of its essential elements. Every owner of a homestead, under the present law, has an estate in the premises, either in fee, for life, or for years, to the extent of $1000.</p> <p>3. Same — when an estate in fee or for life. Where the homestead is in the owner of the fee, it is an estate in fee, and such owner will have no disposable interest in the premises independent of the homestead, where their total value does not exceed $1000. Where the owner in fee of homestead premises dies, and the right of homestead devolves upon the surviving husband or wife, who takes no estate in the inheritance, such right of homestead is an estate for life.</p>