Cabeen v. Mulligan

Citations

• 37 Ill. 230

Syllabus

<p>1. Homestead — abandonment. When the husband, being the head of a family, and residing with them, removes to another State, with his family, and remains there for two years before he returns, and declares that he expects to remain when he leaves, and after his return that he expected when he left to remain, but it was to his interest to return; his homestead thereby becomes liable to sale on execution.</p> <p>2. Possession of homestead. Whilst in case of the death of a husband, or of both parents, and the children are of tender years, possession by a tenant may protect the property from sale on execution, yet when the husband is living, the family must reside upon the homestead.</p> <p>3. Residence in anotheb state. A debtor, who removes with his family to another State, and remains there for two years, may be regarded as having abandoned his homestead, without reference to what he may say before or after his return; by thus leaving he ceased to occupy the homestead, and it becomes liable to sale under execution.</p>