Thorp v. Thorp
Supreme Court of Vermont
Petition to foreclose a mortgage. Tbe cause came on for hearing upon the pleadings and master’s report at the March Term, 1897, Chittenden County. Munson, Chancellor, rendered a pro forma decree in accordance with the petitioner’s claim. The defendants appealed. It is immaterial whether all of the Wheeler purchase was actually used for household purposes. West River Bank v. Gale, 42 Yt. 27. The homestead was in the entire purchase.
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Petition to foreclose a mortgage. Tbe cause came on for hearing upon the pleadings and master’s report at the March Term, 1897, Chittenden County. Munson, Chancellor, rendered a pro forma decree in accordance with the petitioner’s claim. The defendants appealed. It is immaterial whether all of the Wheeler purchase was actually used for household purposes. West River Bank v. Gale, 42 Yt. 27. The homestead was in the entire purchase. There was nothing to indicate any distinction between the different parts. The premises were acquired by a single purchase and were never separated, and the…
1Opinion of the CourtRoss, C. J.
This is a petition for the foreclosure of a mortgage. The petition is in ordinary form and claims the right to foreclose against all the defendants. When the bill was brought Lovisa A. Thompson was living and answered, claiming that she had a homestead in the premises covered by the mortgage, derived under the law through her late husband, Homer Thompson, deceased. She has since deceased and is represented by the executor of her will. The determinative question presented by the pleadings is, whether she had a homestead in the premises, against the mortgage, at the decease of her husband. If…
2Cases cited13 opinions
- McClary v. BixbySupreme Court of Vermont · 1863
- Morgan v. StearnsSupreme Court of Vermont · 1868
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Canfield v. HardSupreme Court of Vermont · 1885
- Danforth v. BeattieSupreme Court of Vermont · 1870
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Martin v. HarringtonSupreme Court of Vermont · 1901
- In Re AveryUnited States Bankruptcy Court, D. Vermont · 1984
- Cushman v. DavisSupreme Court of Vermont · 1906
- Frase v. BranchDistrict Court of Appeal of Florida · 1978
- In Re Estate of WolffSupreme Court of Vermont · 1936
9 more not listed; retrieve them via the Exa API.