Wiggins v. Chance

Citations

• 54 Ill. 175

Syllabus

<p>1. Trespass upon land. Although the land of a party still in the occupancy thereof, has been sold under execution, and the title passed to the purchaser thereunder, still, that does not authorize a stranger, in no way connected with such title, going upon the land and cutting timber, and if he does so, the former owner, still in possession, may maintain trespass against him.</p> <p>2. Homestead—sale thereof under execution—when void. Where premises occupied as a homestead are of value not exceeding $1000, they are not subject to levy and sale under execution against the owner; and should premises thus situated, be sold under such process, and, there being no redemption, a sheriff’s deed made to the purchaser, no title will pass thereby. The sale would be void.</p> <p>3. Same—abandonment—its effect upon such a sale. Even an abandonment of the homestead by the owner, after the execution of the sheriff’s deed, would not operate to render the void sale a valid one, and the purchaser could claim nothing by reason of such abandonment.</p> <p>4. Same—what constitutes an abandonment. A judgment debtor owning a homestead and residing thereon, rented the premises for three years, and removed from them with his family, in the fall of the year, to a town in the same county, for the purpose of earning money to pay his debts, but with the intention of returning, and did return the following spring, and resume the occupancy of his homestead with his family: Held, there was no abandonment of the homestead.</p>