Cipperly v. Rhodes

Citations

• 53 Ill. 346

Syllabus

<p>1. Homestead—whether in fraud of creditors. It is not a fraud upon creditors, for a debtor, even if in insolvent circumstances, to buy a homestead which would be beyond their reach.</p> <p>2. Same—nesting title in the wife. Nor will an insolvent debtor be deprived of the benefit of the homestead exemption, where he purchases property with his own money, merely because he procures the legal title to be vested in his wife, it being his intention, when he purchased, to hold the property as and for a homestead.</p> <p>3. Same—abandonment thereof. Where a party left this State to better his condition, and being taken sick rented rooms in an adjoining State and kept house there with his wife, and so remained about nine months, but always with the intention of returning to his home in this State: Held, not to amount to an abandonment of his homestead here.</p>