Watson v. Saxer

Citations

• 102 Ill. 585
• 1882 Ill. LEXIS 67

Syllabus

<p>1. Homestead—of the nature of the title to which it may attach. Under the Homestead act of 1872, a tenant holding a leasehold interest in premises may claim the benefit of the statute, as well as if he were the owner of the fee; and the holder of any possessory interest in lands, without regard to the extent of title, may invoke the aid of the statute. The holder of land under a contract of purchase, under that act, as well as under the act of 1851, occupying the same as a residence with his family, is entitled to a homestead right in the premises to the value of $1000, as against all creditors, except his vendor for the unpaid purchase money.</p> <p>2. SAME—new one bought from proceeds of sale of former one. Where a person lawfully entitled to a homestead in premises sells his interest therein, and out of the proceeds of the sale within one year purchases a house and lot for a residence for himself and family, which does not cost or exceed in value $1000, and goes into its actual occupancy, by residence, in four or five days afterwards, such- house and lot will constitute his homestead, and any sale thereof on execution against him will be a nullity, and the sheriffs deed will pass no title.</p>