Muller v. Inderreiden

Citations

• 79 Ill. 382

Syllabus

<p>1. Homestead—when, and how subjected to execution. Where the title to a homestead worth more than §1000 is taken in the name of the wife, for the purpose of placing it beyond the reach of the existing creditors of the husband, and is paid for with the money of the husband, it is not error for a court of equity, upon a bill filed bjr such creditors after they have obtained judgment and execution against such husband, to decree that such homestead, in respect to such judgment, is the property of the husband, and that the sheriff holding such execution shall proceed with the same, as prescribed by the statute in eases of execution levies upon homesteads, and that, in case of a sale of said premises under said execution, the purchaser at such sale shall acquire the legal title thereto as against said husband and wife, and those claiming under them, subject only to the redemption allowed by law.</p> <p>2. Whether such homestead is susceptible of division, is a fact not to be ascertained by the court, but by the commissioners to be appointed by the sheriff in pursuance of the statute.</p>