Maher v. McConaga
Maher v. McConaga
Opinion of the Court
delivered the opinion of the Court:
There is so slight a difference between this case and that of Cabeen v. Mulligan, 37 Ill. 230, as not to be distinguished therefrom.
In that ease, it was held that a debtor removing with his family to another State, and remaining there two years, must be regarded as having abandoned his homestead, without reference to what he may have said before or after his return; aii’d by thus leaving and ceasing to occupy the homestead, it bbcafne liable to sale under execution.
• Tn this.case, the removal to Nebraska and absence there was gbduthifteén months, after which the family never returned to Zenig, to live, but resided at Salem, in another county. The proof is clear on this point.
■,_Tbe fact that the two lots were sold together is not proved, nor-is it insisted upon in this court.
The case of Moore v. Titman, 43 Ill. 169, gives the same effect to a removal from the homestead.
The judgment must be reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Joseph Maher v. John McConaga
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Homestead—abandonment. The owner of a homestead, and occupying the same as such, and located a Zenia, in Clay county, Illinois, on the 25th of April, 1863, removed with his family to Nebraska; on the 23d of July, 1864, he returned to Salem, Illinois, where he has since resided. In the meantime, on the 16th of October, 1863, an execution was issued on a judgment obtained against the owner, and directed to the sheriff of Clay County, who levied the same upon the premises at Zenia, so claimed as a homestead, and on the 16th of December, 1863, sold the same under the execution: Held, this was an abandonment of the homestead, and it thereby became liable to levy and sale under execution.