Turner v. Bennett

Citations

• 70 Ill. 263

Syllabus

<p>1. Homestead exemption—not allowed as against title by descent. The original Homestead Act of 1851 exempted the homestead merely from levy and forced sale under legal process, for debts, and this court has held that the amendatory act of 1857 extended the original act to embrace cases of voluntary alienations by the husband, but the act, as amended, does not apply to the case of the descent of property. On the husband’s death, his real estate descends to his heirs equally, the same as if the acts referred to had never been passed.</p> <p>2. Same—not allowed to defeat sale on pa/rtition. A sale of the homestead, when necessary, in a suit for partition hy the heirs, or a grantee of one of the heirs, is not an alienation within the meaning of any homestead exemption law prior to that of 1872, and the widow or minor heirs occupying the same can not withhold possession from the purchaser.</p> <p>8. Pabtition—claim for repairs. Where, in making partition of land and assigning dower, the widow had set off to her, as her dower, that portion upon which she had made the principal improvements, arid it appears that the use of the whole premises had amply compensated her for the repairs made hy her on the remaining portion, there will he no error in not decreeing compensation to her for her improvements and repairs.</p>