Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 46 (September Term, 1867, And January Term, 1868)
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inferable, from her acts and declarations in reference to the occupancy of the premises. It is clearly established, that she intended to reside in the village, and had built a house for the purpose. She had said that she did not intend to reside on the farm. We can, therefore, see no well founded right, on her part, to claim and recover a homestead in these premises. We, however, do see that she, while occupying her house in the village, could claim it under the homestead act. By our act, a per...son could not ha've two homes at the same time, both exempt, nor could he have two, either of which, at his election, would be exempt. The home must be such that it, and it alone, is within the protection of the statute. The decree of the court below is reversed and the cause remanded. Decree reversed. William H. Lyon et al. V. Edwaed Eobbins. 1. Dbobee— when pojties not concltided by — until the lapse of three years after rendition. When a defendant has been brought into court, only by constructive service, and has received no written notice of the existence of a decree against him, as authorized by the statute, such decree is, for the period of three years, simply provisioiial, and subject to be set aside on petition and as of course.
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