Clinton v. Kidwell

Citations

• 82 Ill. 427

Syllabus

<p>1. Exemption—in fcmor of married woman. In an action by a married woman residing with her husband on her land, against an officer, for levying upon her property under execution, on the ground that it is exempt, no presumption can be indulged that she is the head of the family, but that fact must be shown by proof that clearly rebuts the presumption that her husband is the head of the family, and it must be shown that the officer had notice of such anomalous relation.</p> <p>2. Same—sufficiency of proof of wife being head of family. An agreed statement that the residence of the family, in a suit by the wife for levying on her property claimed as exempt, is “ on her own premises; ” that 11 the property on the premises is her sole and separate property,” and that “she has children by her former husband residing with her,” fails to show that the plaintiff is the head of the family, and, as such, entitled to recover double the value of tire property taken, especially where it further appears that she is residing “with her husband.”</p>