Rasmussen v. Rasmussen’s Empirical Analysis
1938
Citation profile
2 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 2018
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Sackett · Dunbar v. Dunbar · Loveless v. Thomas · Cabeen v. Mulligan · Shepard v. Brewer
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether one entitled to a homestead may be said to have abandoned it by moving away from it is a matter largely of intention to be determined from the facts of each case. McBride v. Hawthorne, 268 Ill. 456 , 109 N.E. 262 ; Ketcham v. Ketcham, 269 Ill. 584 , 109 N.E. 1025 . A right to a homestead may be lost by voluntary abandonment without any intention of returning. Shepard v. Brewer, 65 Ill. 383 . A person’s intention may be shown by acts or words or both. The statement that one intends to return may be contradicted by the facts. Vasey v. Board of Trustees, 59 Ill. 188 . Personal residence of the widow upon the homestead premises is not essential in order to prevent abandonment if, when she leaves, she intends to return and acquires no homestead elsewhere. Dunbar v. Dunbar, 254 Ill. 281 , 98 N.E. 563 . The remarriage of a widow and removal to the home of her second husband raise a presumption of abandonment of her homestead, yet such presumption will yield to explanatory proof showing the removal was meant to be temporary. Loveless v. Thomas, 152 Ill. 479 , 38 N.E. 907 . A removal from the homestead premises will be taken as an abandonment unless it clearly appears that there is an intention to return and occupy them. Jackson v. Sackett, 146 Ill. 646 , 35 N.E. 234 ; Kloss v. Wylezalek, 207 Ill. 328 , 69 N.E. 863 , 99 Am.St.Rep. 220 . Such intention must be unequivocal, for an equivocal intention to return is not sufficient. Kloss v. Wylezalek, supra; Cabeen v. Mulligan, 37 ”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.