Hall v. Johnson
Supreme Court of New Hampshire
Assumpsit, to recover $500 in lieu of a homestead right. Facts found by the court. October 31, 1884, the defendant, a deputy sheriff, having in his hands executions against the plaintiff and her husband, recovered in suits wherein their equity of redemption in their homestead place in Littleton had been attached, commenced a levy of the same, and notified the Halls that the equity would be sold Dec. 1, 1884. The sale was twice adjourned; and on January 2, 1885, the equity…
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Assumpsit, to recover $500 in lieu of a homestead right. Facts found by the court. October 31, 1884, the defendant, a deputy sheriff, having in his hands executions against the plaintiff and her husband, recovered in suits wherein their equity of redemption in their homestead place in Littleton had been attached, commenced a levy of the same, and notified the Halls that the equity would be sold Dec. 1, 1884. The sale was twice adjourned; and on January 2, 1885, the equity was sold for $644.04, which sum, less his fees, the defendant applied on the first execution, in full satisfaction…
1Opinion of the CourtAllen, J.
The defendant, a deputy sheriff, having writs of execution against the plaintiff and her husband, who owned an equity of redemption in land occupied by them as a homestead, commenced the levy of his executions by giving notice of the intended sale of the equity. Application for a homestead having been made by the Halls, the appraisers appointed to set off the same found and reported that the estate could not be divided without injury, and that the value of the equity, including the homestead right of $500, was $583.84. The Halls notified the defendant and the execution creditor that they…
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