Stafford v. Woods

Citations

• 144 Ill. 203
• 33 N.E. 539

Syllabus

<p>1. Homestead — limited to the life of the estate to which it is incident. The estate of homestead can in no case be more extensive than the interest to which it attaches and of which it forms a part. If the householder has an estate in fee, the estate of homestead may likewise be a fee, but if he has only an estate for life or for years, the estate of homestead will expire at his death or at the expiration of the term for years.</p> <p>3. So, where the householder has merely an equitable interest under a contract of purchase which is liable to be terminated by his non-per-for-mance of the contract, anything having the legal effect of terminating the right of possession under the contract, will at the same time and for a like reason terminate the estate of homestead.</p> <p>3. Same — estate, how transferred — assignment of contract. The holder of an estate of homestead in land held by him under a contract of purchase, can not transfer the same by his assignment of the contract in which his wife does not join. By such an assignment the assignee will acquire no right of possession which can prevail against the homestead estate, which he can assert against either the assignee or his widow after his death, she still continuing to occupy the premises.</p> <p>4. Same — how defeated — vendor's lien. Where the vendor of land, by the terms of the contract of sale, has the option, in case of non-payment of the purchase money as therein provided, to declare the contract forfeited and determined, and to re-enter and take possession of the premises sold, such forfeiture and re-entry will defeat the estate of homestead of the purchaser, and the vendor may maintain ejectment against the widow of such purchaser upon failure to make payments of the purchase money. And the grantee of such vendor will have the same right to re-enter or maintain ejectment.</p> <p>5. By section 3 of the Homestead act of 1873 no homestead can exist against a claim for the purchase money of the land to