Leupold v. Krause

Citations

• 95 Ill. 440
• 1880 Ill. LEXIS 197

Syllabus

<p>1. Homestead—whether affected, by fraudulent conveyance. Neither fraud, nor even the commission of a criminal offence, can work a release or forfeiture of the right of homestead. Such release or forfeiture can only be accomplished in the manner provided by the statute.</p> <p>2. Pending a suit for the recovery of damages, the defendant and his wife, for the purpose of hindering and delaying the plaintiff in the collection of any judgment he might recover, conveyed certain premises occupied by them as a homestead to another, releasing the right of homestead. Thereupon that grantee, in furtherance of the fraudulent purpose of the first deed, conveyed the premises to the defendant’s wife, The plaintiff recovered a judgment for a considerable sum, and sued out execution thereon, which was levied upoh the premises so fraudulently conveyed; he became the purchaser at the sale, and in due time obtained a sheriff’s deed. Subsequently he filed his bill in chancery to set aside these fraudulent conveyances, insisting whatever homestead right had existed • was extinguished by the fraudulent conduct of the parties. But it was held, the wife of the defendant in the suit at law, to whom the second conveyance was made, acquired by such conveyance a homestead right for herself and family, in the premises, to the value of $1000, which she could hold, notwithstanding the fraudulent character of the conveyances, free from the claims of complainant and all other creditors.</p> <p>3. Same—-failure to set off homestead on sale under execution—effect upon rights of parties, at law and in equity. Where premises occupied as a homestead are sold under execution, without a compliance with the requirements of the statute in regard to setting off the homestead, the irregularity will operate to defeat a recovery in ejectment in favor of the party claiming under such sale. But this statutory requirement is simply directory—not prohibitory. A noncompliance with it will not render the sale void.