Deere v. Chapman
Illinois Supreme Court
On January 21st, 1861, the plaintiff in error filed in the Rock Island Circuit Court his declaration in ejectment against the. defendant in error, for lot 12, block 1, Atkinson’s addition to the village of Moline, claiming therein an estate for the life of the defendant, and alleging himself to have been in possession December 1, A. D. 1860, and that defendant entered, etc., on the day following.
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On January 21st, 1861, the plaintiff in error filed in the Rock Island Circuit Court his declaration in ejectment against the. defendant in error, for lot 12, block 1, Atkinson’s addition to the village of Moline, claiming therein an estate for the life of the defendant, and alleging himself to have been in possession December 1, A. D. 1860, and that defendant entered, etc., on the day following. To the declaration was the notice required by law in due form, and an acceptance of service thereof by the defendant. The rule to plead within twenty days was entered. January 23rd, 1861, defendant…
1Opinion of the CourtBreese, J.
The “homestead act” provides, that in addition to the property exempt by law from sale under execution, there shall be exempt from levy and forced sale, the lot of ground and the buildings thereon, occupied as a residence, and owned by the debtor, being a householder and having a family, to the value of one thousand dollars. (Scates’ Comp. 576.)
The question arises upon the definition to be given to the word “owner.”
The appellant contends that the words of a statute, when unambiguous, as in this statute, should be taken in the ordinary, natural and most commonly received sense, and so taking…
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