Cabeen v. Mulligan
Illinois Supreme Court
Writ oe Error to the Circuit Court of Mercer county; the Hon. Charles B. Lawrence, Judge, presiding. This was a suit in chancery, commenced in the Mercer Circuit Court, to the April term, 1862, by R. C. Cabeen, against John Mulligan. The object of the hill was to set aside a sale and deed made by the sheriff to defendant, of a house and lot of ground, sold under execution, which is claimed to have been exempt from sale, under the homestead exemption law.
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Writ oe Error to the Circuit Court of Mercer county; the Hon. Charles B. Lawrence, Judge, presiding. This was a suit in chancery, commenced in the Mercer Circuit Court, to the April term, 1862, by R. C. Cabeen, against John Mulligan. The object of the hill was to set aside a sale and deed made by the sheriff to defendant, of a house and lot of ground, sold under execution, which is claimed to have been exempt from sale, under the homestead exemption law. The bill alleges, that complainant, on the 12th day of September, 1859, was the owner in fee, and possessed of the S. \ of lot 9, in block…
1Opinion of the CourtChief Justice Walker
This record presents a question of fact for determination. It is, whether plaintiff in error abandoned his homestead, so that a judgment previously recovered, and under which a sale had been made, and a transcript of a judgment before a justice of the peace, became valid liens upon the homestead. Up to the time plaintiff in error moved to Minnesota, the premises were undoubtedly protected from sale under' execution, by the operation of the homestead law. But he left his home, and removed with his family to Minnesota, and with them, resided there for two years. He stated before leaving the…
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