Titman v. Moore

Citations

• 43 Ill. 169

Syllabus

<p>1. Homestead—occupation by the widow. This court has held, that, under the second clause of. the first section of the homestead law, a widow entitled to claim its benefits, and in infirm or delicate health, does not lose the benefit of the act by leaving the homestead to remain temporarily with her friends, for the benefit of her health, leaving the premises occupied by a tenant during her absence.</p> <p>2. Occupancy, aft&r the husband has abandoned the family. And it has also been held, that, under the amendatory act of 1857, where the husband abandoned his wife and family, she might remain and hold the homestead as against his acts or those of his creditors.</p> <p>3. Also, that a husband by being temporarily absent while in pursuit of a new home, did not thereby forfeit the right to claim his homestead.</p> <p>4. Hew besidehce — when a wamer of the homestead. But a person having acquired a new residence, although not a homestead, cannot be permitted to insist upon the homestead right, to defeat a deed or mortgage executed by him while occupying such newly acquired residence, and which fails to release the benefit of the act, unless it clearly appears that the new residence was only temporary.</p> <p>5. So, where a person left Ms farm, and removed to a town six miles distant, where he voted at two local elections, first renting his farm for three years, at the end of one year terminating that agreement, and renting it anew for five years, and, after having been eighteen months absent from Ms farm, executed a mortgage, wMch did not release the benefit of the homestead act, — held, that the mortgagee took Ms lien free from the operation of the homestead act, and that the right to a homestead was not restored by a subsequent return to, and residence on, the farm.</p> <p>6. Abandonment—effect as to subsequent liens. The husband, being the head of the family, has the right to determine and control their residence; and, when he intentionally removes from and abandon