Strachn v. Foss
Supreme Court of New Hampshire
Bill in Equity, brought by William Strachn, and his two minor children, John William and Emma Jane, by their guardian, asking that a homestead of the value of five hundred dollars might be set off and assigned to tbem in the premises described in the bill, situate in Strafford, in this county.
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Bill in Equity, brought by William Strachn, and his two minor children, John William and Emma Jane, by their guardian, asking that a homestead of the value of five hundred dollars might be set off and assigned to tbem in the premises described in the bill, situate in Strafford, in this county. It alleged that, on the 26th day of April, 1852, and for a long time previous thereto, said William Strachn owned and occupied said premises as his family homestead; that he had then no wife, but the other plaintiffs then were and still are his minor children; that on that day he made and executed to…
1Opinion of the Court
Fowler, J.*
We have just decided, in the suit at law between these parties, that the plaintiff, William Strachn, is estopped by his deed to prosecute this bill to invalidate the title conferred thereby. Foss v. Strachn, 42 N. H. 40; and the only remaining question is, whether his minor children are entitled to maintain it, upon the facts set forth in the bill and answer.
There can be no doubt that the proceeding in equity is a proper mode of enforcing the right of the minors to the homestead, if they are entitled to have one assigned to them under all the circumstances of the ease. Gunnison v.…
2Cases cited1 opinion
- Robinson v. WileyNew York Supreme Court · 1854
3Cited by1 opinion
- Pillsbury v. ElliottSupreme Court of New Hampshire · 1876