Yeates v. Briggs

Citations

• 95 Ill. 79
• 1880 Ill. LEXIS 150

Syllabus

<p>1. Homestead—of widow not terminated by her marriage. The right of a widow to the homestead of her deceased husband as against deeds of trust given by her jind her husband while the Homestead acts of 1851-7 were in force, which deeds fail to release the homestead, is not defeated or lost by her subsequent marriage, but continues until her death, unless it is released under the statute or waived by abandonment.</p> <p>2. Former adjudication—as to matter not involved, is no bar. In an action of ejectment by a party claiming under a deed of trust, against a widow, for the recovery of premises claimed as a homestead, the court found in its judgment the fee to be in the plaintiff, subject to the right of homestead in the defendant until her youngest child should arrive at the age of twenty-one years. After the majority of such child another action of ejectment was brought against her and the former judgment was interposed as a bar to her right: Held, that such finding was no bar to the assertion of her right to the homestead in the second action. That part of the judgment fixing the duration of her right of homestead was a nullity, it being a finding as to a matter not involved in the prior action.</p>