McClurken v. McClurken

Citations

• 46 Ill. 327

Syllabus

<p>1. Homestead—to what character of estate it will attach. A claim of homestead under mere naked possession, without any ownership in the land as a basis for such claim, cannot be set up to defeat a recovery in ejectment, under a parar mount legal title.</p> <p>2. Dower. Nor can a right of dower attach under such circumstances.</p> <p>8. Estoppel. Where it appears that the plaintiff, in an action of ejectment, acted in the capacity of an administrator of an estate occupied by the decendent at the time of his death, and applied to the 'court for an order to sell lands to pay debts of the decedent, and in his application stated that deceased had some interest in the premises at the time of his decease, but that he was uninformed as to the exact kind and nature of such interest, such statement will not operate to estop the plaintiff from asserting his right to the premises under a paramount title, in an action of ejectment to recover the possession.</p>