Weymouth v. Sanborn
Supreme Court of New Hampshire
This is a writ of entry for premises set off to this plaintiff, upon an execution against the defendant for §95.96, being part of premises occupied by the defendant as a homestead, the whole being worth §450. The defendant and his wife claimed the same as a part of their homestead, and made due demand upon the officer to set it out to them, according to the statute, which he refused to do.
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This is a writ of entry for premises set off to this plaintiff, upon an execution against the defendant for §95.96, being part of premises occupied by the defendant as a homestead, the whole being worth §450. The defendant and his wife claimed the same as a part of their homestead, and made due demand upon the officer to set it out to them, according to the statute, which he refused to do. Said §95.96 was the amount of a note given the plaintiff by the defendant, for services as a physician. It was signed by the defendant and his wife. The declaration had only common counts for money had and…
1Opinion of the CourtBellows, J.
It appeared that the original debt was for services as a physician, and for that a note was given, signed by both husband and wife. Upon this note a suit was brought against the husband alone, aud judgment obtained for the amount; and the execution has been extended upon the homestead, although a demand was duly made upon the officer to set it out according to the statute.
One question that arises is, whether the character of the claim is changed by the giving of the note ; that is, whether it is still to be regarded as a claim for labor within the fifth section of the Homestead Act or not. As…
2Cases cited9 opinions
- Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1817
- Jones v. ShawhanSupreme Court of Pennsylvania · 1842
- Freeland v. McCulloughCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hoatz v. PattersonSupreme Court of Pennsylvania · 1843
- Witman v. WalkerSupreme Court of Pennsylvania · 1844
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3Cited by2 opinions
- American Medical Ass'n v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- American Surety Co. of New York v. StuartCourt of Appeals of Texas · 1941