King v. Mix

Citations

• 80 Ill. 378

Syllabus

<p>1. Revebsai oe decbee, with directions. Where a decree is reversed with directions to the court below to decree the complainant a homestead, if the property is susceptible of division, otherwise, its value in either of two modes, and the court finds that it appears, from the evidence, that the premises are so situated that a homestead can not be assigned, this will authorize tlie court to adopt either mode for adjusting the homestead right suggested by this court, independent of any agreement of the parties.</p> <p>3. Where a cause is decided in this court, and remanded with specific directions that if a homestead can not be set off, to ascertain its value in one of two ways, first, by decreeing the complainant $1000 in lieu of homestead, and such portions of the rents and profits, after deducting all taxes and necessary repairs, as $1000 bears to the whole value of the property, or by decreeing to her $1000, with six per cent per annum interest from the time the claimant was expelled, the court below will be left at liberty to adopt either mode of adjusting the equities, in case the homestead can not be assigned.</p>