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PHILLIPS v. PHILLIPS

No. 14478.

56 Ill. App.3d 276 (1977)

372 N.E.2d 98

ORVILLE KENNETH PHILLIPS, Plaintiff-Appellee, v. REVA S. PHILLIPS, Defendant-Appellant. — (SECURITY SAVINGS AND LOAN ASSOCIATION, Defendant.)

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing February 9, 1978.

Attorney(s) appearing for the Case

Samuels, Miller, Schroeder, Jackson & Sly, of Decatur (John E. Fick, of counsel), for appellant.

Monroe, Wilson, Dyar, Houchen, McDonald & Taylor, of Decatur, for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE GREEN delivered the opinion of the court:

The primary issue in this partition suit concerns the relationship between section 16 of "An Act * * * in relation to husband and wife" (hereinafter section 16) (Ill. Rev. Stat. 1975, ch. 68, par. 16), which states that one spouse cannot remove the other from his or her "homestead" without providing that spouse with "another homestead suitable to the condition in life of the...

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