16 Wis. 76 | Wis. | 1862
By the Court,
It seems clear that the premises sought to be sold, were not the homestead of the deceased. He moved from them in 1854 and never resided on them after-wards, but rented them to several tenants. We do not intend to say that even previous to the law of 1858, a departure from the homestead for temporary purposes would have forfeited the
But where the owner of a house and lot voluntarily removes from it and takes up another residence in the same town, not from any temporary necessity, for the purpose of repairing the homestead or otherwise, but with a view to the more convenient transaction of business elsewhere, renting the old home to other parties, it can no longer be said to be Ms homestead, and a vague intention to return perhaps at some future time and reside there again, would not make it such. For in the meantime, his residence, his home would be at his new abode. If this were not so, a man might rent his home here, remove with his family to California, take up a new residence there with a view to enter into business there and acquire a fortune, and yet retain his exemption here, provided he intended to return here and reside at some future time. Such kinds of absence ás are not inconsistent with the fact that the premises still remain the residence of the owner, would not forfeit the exemption. But where the residence was actually changed and the old home rented for hire, the exemption ceased, because the homestead ceased. This would have been the' law prior to the act of 1858, even assuming an intention to return at some future time on the part of the owner, though the weight of the evidence presented on this application negatives any such intention in this case.
It follows that the premises in question ceased to be the homestead of the deceased in 1854, and never were such after-wards. The act of 1858 was therefore inapplicable. That
The judgment is affirmed, with costs.