Cross v. Weare
Supreme Court of New Hampshire
Bill in Equity, alleging that October 21, 1875, the defendants recovered a judgment against one Putnam for $2,009.39; that execution was issued thereon November 4, 1875, returnable on the first Tuesday of May, 1876; that at the date of the judgment Putnam was the owner of considerable real estate in Weare, including a homestead, which he and his family occupied and have continued to occupy since that time to the present; that, on the application of Putnam, a homestead was…
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Bill in Equity, alleging that October 21, 1875, the defendants recovered a judgment against one Putnam for $2,009.39; that execution was issued thereon November 4, 1875, returnable on the first Tuesday of May, 1876; that at the date of the judgment Putnam was the owner of considerable real estate in Weare, including a homestead, which he and his family occupied and have continued to occupy since that time to the present; that, on the application of Putnam, a homestead was set off by metes and bounds; that December 31, 1875, all the real estate of Putnam, including the reversion of the…
1Opinion of the CourtClark, J.
By the homestead act of 1851, the family homestead of the head of each family was exempted to him and to his widow and minor children, so long as they continued to occupy it. Under this act the exemption to the debtor was an exemption of the entire estate in the homestead, leaving no reversion subject to levy or sale. Tucker v. Kenniston, 47 N. H. 267. But the homestead right of the widow was no more than a conditional life estate, a mere right of occupancy. In Norris v. Moulton, 34 N. H. 392, 397, it is described as “a right to use and occupy for life;” and in Judge of Probate v. Simonds, 46…
2Cases cited1 opinion
- Foss v. StickneySupreme Judicial Court of Maine · 1828
3Cited by3 opinions
- Beland v. GossSupreme Court of New Hampshire · 1894
- George Maroun, Sr. & a. v. Deutsche Bank National Trust CompanySupreme Court of New Hampshire · 2014
- Lemay v. LemaySupreme Court of New Hampshire · 1930