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47 Ill. 392

Maher v. McConaga

Illinois Supreme Court

Decided June 15, 1868

Illinois Supreme Court · decided 1868-06-15

Wbit of Eebob to the Circuit Court of Clay County ; the Hon. Aabon Shaw, Judge, presiding. This was a bill in chancery, to set aside a sale of real estate claimed as a homestead. The complainant resides in Marion county, and the premises in dispute are situated in Clay county. On the 15th of December, 1863, and for along time prior thereto, McConaga was the owner of two lots in the town of Zenia, and was at that time, and now is, the head of a family.

Cited by 1 later decisions — most recently September 1878

Relies on Titman v. Moore · Cabeen v. Mulligan

Good law ✅— No negative treatment on recordhow we know

Decided 1868-06-15

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Mr. Chief Justice Breese

¶1delivered the opinion of the Court:

¶2There is so slight a difference between this case and that of Cabeen v. Mulligan, 37 Ill. 230, as not to be distinguished therefrom.

¶3In 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.

¶4• 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.

¶5■,_Tbe fact that the two lots were sold together is not proved, nor-is it insisted upon in this court.

¶6The case of Moore v. Titman, 43 Ill. 169, gives the same effect to a removal from the homestead.

¶7The judgment must be reversed and the cause remanded.

¶8Judgment reversed.

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