Maher v. McConaga

Citations

• 47 Ill. 392

Syllabus

<p>1. Homestead—abandonment. The owner of a homestead, and occupying the same as such, and located a Zenia, in Clay county, Illinois, on the 25th of April, 1863, removed with his family to Nebraska; on the 23d of July, 1864, he returned to Salem, Illinois, where he has since resided. In the meantime, on the 16th of October, 1863, an execution was issued on a judgment obtained against the owner, and directed to the sheriff of Clay County, who levied the same upon the premises at Zenia, so claimed as a homestead, and on the 16th of December, 1863, sold the same under the execution: Held, this was an abandonment of the homestead, and it thereby became liable to levy and sale under execution.</p>