Libbey v. Davis
Supreme Court of New Hampshire
Petition, for the set-off of a homestead. Facts found by the court. December 1, 1891, the plaintiffs, two brothers, bought for $400 the Eaton farm, containing one hundred acres and adjoining their mother’s homestead, taking a bond for a deed upon the payment of that sum within three years with annual interest. They have ever since occupied and carried it on.
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Petition, for the set-off of a homestead. Facts found by the court. December 1, 1891, the plaintiffs, two brothers, bought for $400 the Eaton farm, containing one hundred acres and adjoining their mother’s homestead, taking a bond for a deed upon the payment of that sum within three years with annual interest. They have ever since occupied and carried it on. On it they have cut firewood, pastured their cattle, raised potatoes and oats, and have cut the grass and stored the hay in their bam. They have not lived in the dwelling on the premises, but for convenience have resided with their…
1Opinion of the CourtCarpenter, J.
“ Every person is entitled to five hundred dollars worth of his homestead, or of his interest therein, as a homestead right.” P. S., c. 138, s. 1. A right to receive a conveyance by virtue of a contract is an interest in land upon which creditors may levy, and which.may be subject to a homestead right. P. S., c. 220, s. 8. The defendant’s payment to Eaton of the amount due on the bond (P. S., c. 220, s. 8) is immaterial. It could not deprive the plaintiffs of, or affect their right to, a homestead. To entitle one to a homestead right it is not essential that he actually dwell on the land in…
2Cases cited2 opinions
- Cole v. Laconia Savings BankSupreme Court of New Hampshire · 1879
- Rogers v. Ashland Savings BankSupreme Court of New Hampshire · 1885
3Cited by7 opinions
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
- In Re MirullaUnited States Bankruptcy Court, D. New Hampshire · 1994
- In Re BrizidaUnited States Bankruptcy Court, D. Massachusetts · 2002
- In Re MyersUnited States Bankruptcy Court, D. New Hampshire · 2005
- Avery v. DavisSupreme Court of New Hampshire · 1925
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