Rice v. Rudd
Supreme Court of Vermont
Petition for foreclosure of two mortgages. Heard on pleadings and agreed statement, September Term, 1884. Veazey, Chancellor, decreed a foreclosure of both mortgages. The object of the homestead law is of a humane character, and should be applied to all cases within its equity and spirit.
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Petition for foreclosure of two mortgages. Heard on pleadings and agreed statement, September Term, 1884. Veazey, Chancellor, decreed a foreclosure of both mortgages. The object of the homestead law is of a humane character, and should be applied to all cases within its equity and spirit. True v. Morrill, 28 Vt. 672; McOlary v. Bixby, 36 Vt. 254 ; Jewett v. Guyer, 38 Vt. 209. In West River Bank v. Gale, 42 Vt. 27, it was held, that a shop with a water privilege, situated on the other side of the highway from the house, was a part of the homestead. The homestead has been held to attach to the…
1Opinion of the Court
The opinion of the court was delivered by
YAiiKER, J.
The petition in this case was brought to foreclose two mortgages upon the premises described in the petition. No defence is made to the first mortgage, which was executed by Ann Holton to H. C. Hubbard, March 28, 1866, before Eli A. Rudd purchased the premises, and which was upon the premises at the time of his purchase.
The only question raised upon the agreed statement of facts submitted, is, whether the defendant, Amanda Rudd, who is the widow of Eli A. Rudd, is entitled as such widow to have a homestead set out to her in the premises…
2Cases cited1 opinion
- Mills v. Estate of GrantSupreme Court of Vermont · 1863
3Cited by7 opinions
- D'Avignon v. PalmisanoDistrict Court, D. Vermont · 1982
- Thorp v. ThorpSupreme Court of Vermont · 1897
- Cushman v. DavisSupreme Court of Vermont · 1906
- In Re Estate of WolffSupreme Court of Vermont · 1936
- Hyser v. MansfieldSupreme Court of Vermont · 1899
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