Rock v. Haas

Citations

• 110 Ill. 528

Syllabus

<p>1. Homestead—requisites to create the estate. Under the statute, to create an estate of homestead three things must concur: First, the person must be a householder; second, he or she must have a family; and third, the property must be occupied as a residence. If either of these requisites is wanting, the law will not create the estate.</p> <p>2. Sam:e—who is a householder. Under the statute relating to homesteads, a person owning a dwelling house that is capable of being occupied as such, is a householder.</p> <p>3. Same—what constitutes a family. Under the Homestead act a family is a collection of persons living together,—hence one person can not constitute a family. Nor can a person and his or her children, permanently separated, constitute a family. A person never having been married, and having no family, or a man or woman having once been married but having no family, can not claim an estate of homestead. '</p> <p>4.. Where a widow having children in another State, comes to this State leaving them in other homes, with no purpose of bringing them with her, they can not be said to constitute a family, with her at its head.</p> <p>5. To create the estate of homestead by reason of being husband and wife, the relation must be legal, and not pretended. The fact that a man and woman may have lived together upon her premises before their marriage, and they marry after a judgment against her becomes a lien upon the same, will not render the property exempt from sale under the judgment.</p> <p>6. Judicial sale—failure to make demand of payment before levy and sale under execution—effect thereof. While it is the duty of a sheriff holding an execution against a party, to make a demand of payment before he levies the same,—and he may be liable for damages for neglecting this duty, —such omission will not aifect the title acquired under such levy and sale. At most, it is only such an irregularity as to afford ground for a motion to set the sale aside, and it is waived by