Moore v. Flynn

Citations

• 135 Ill. 74
• 25 N.E. 844

Syllabus

<p>1. Homestead—abandonment—so as to let in a judgment lien—sale ■and transfer of the homestead premises—and delivery of the possession. Under our statute one may sell Ms or her homestead without an existing judgment thereby becoming a lien thereon, even when such sale is made during a temporary absence from the premises.</p> <p>2. A widow, against whom there was a judgment,, occupied a tract ■of land as her homestead. On her subsequent marriage she leased the premises for one year, and she and her husband rented a house in a town about five or six miles distant, she intending to return to her homestead when the lease should expire, but before the end of the term she concluded to and did sell and convey the homestead premises: Held, that this was not an abandonment of the homestead, and the judgment did not thereby become a lien on the land.</p> <p>3. A surrender of possession pursuant to a conveyance of the property is not an abandonment of the estate of homestead, but is, by virtue ■of the statute, an appropriate mode of transferring that estate.</p> <p>4. The holder of an estate of homestead under an unrecorded deed, while temporarily absent, from the premises, bargained and sold the same to another, and on payment of the purchase money put the purchaser in possession, delivering to him the unrecorded title papers : Held, that this was sufficient to work a conveyance of the equitable title without the lien of a judgment against the vendor attaching.</p> <p>5. Same—form of release—in case possession is or is not surrendered. ■On the conveyance of homestead premises, it is not essential that the form of release of the homestead right, as prescribed in the statute, shall be adopted, in case possession is given pursuant to the deed.</p> <p>6. Notice—by possession of land. The possession of land is notice to subsequent judgment creditors of a vendor, of the equitable rights of the party in possession.</p> <p>7. Fraudulent conveyance—sale and conveyance of a homestead