Ball v. Ball

Defendant Mary Ann Ball appeals the denial of her post-trial motion, a decree of partition and a decree for sale entered upon approval of the commissioners’ report, and the dismissal of her second amended answer and counterclaim. The orders appealed grant partition to plaintiff, Jay A. Ball, Jr., defendant’s son, and require distribution of the sale proceeds equally between the parties without setting off defendant’s homestead as raised by her pleadings. The undisputed facts raise the sole issue of whether the homestead exemption (Ill. Rev. Stat. 1973, ch. 52, pars. 1 — 12) may be asserted…