Reinbach v. Walter
Illinois Supreme Court
Appellees declared in ejectment for two lots in Franklin, in the county of Morgan. Defendant pleaded not guilty. Trial by court by consent, and judgment for one lot and part of the other, in behalf of the appellees. Bill of exceptions shows, that appellees, on trial below, produced and proved judgment of said court, fieri facias on-same, sheriff’s sale and deed for the premises sued for. Possession of premises admitted by appellant, and appellees rested.
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Appellees declared in ejectment for two lots in Franklin, in the county of Morgan. Defendant pleaded not guilty. Trial by court by consent, and judgment for one lot and part of the other, in behalf of the appellees. Bill of exceptions shows, that appellees, on trial below, produced and proved judgment of said court, fieri facias on-same, sheriff’s sale and deed for the premises sued for. Possession of premises admitted by appellant, and appellees rested. Appellant produced and proved plat of his homestead. That the sheriff sold the lots in controversy by virtue of fieri facias. That the debt…
1Opinion of the CourtCaton, C. J.
As the defendant did not prove that any portion of the premises were his homestead at the time the judgment was rendered and when the lien attached, the homestead law has no application. The proof is, that it was his homestead at the time of the sheriff’s sale. He may have moved upon the premises but the week before. Had he proved his possession at the time the lien attached, the same as it was at the time of the sale, we should be inclined to hold that the dwelling-house, the smoke-house, the stable, the horse lot, and the grounds connected therewith, for domestic and family purposes,…
2Cited by10 opinions
- Hubbell v. CanadyIllinois Supreme Court · 1871
- Hookway v. ThompsonWashington Supreme Court · 1909
- Robinson v. HughesIndiana Supreme Court · 1889
- Stevens v. HollingsworthIllinois Supreme Court · 1874
- Hay v. BaughIllinois Supreme Court · 1875
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