Tucker v. Kenniston
Supreme Court of New Hampshire
This is a bill in equity, to restrain the defendant, who is an execution creditor of the plaintiff, from selling plaintiff’s right of redemption in land occupied by him as a family homestead.
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This is a bill in equity, to restrain the defendant, who is an execution creditor of the plaintiff, from selling plaintiff’s right of redemption in land occupied by him as a family homestead. The bill alleges that it is at less value than $500; that due application was made to the officer having the execution, and who was about to levy upon the property, to set out a homestead for the plaintiff, which he declined to do, by direction of the defendant, but persisted in his purpose to sell such equity of redemption. There are other allegations in the bill which are not material to state any…
1Opinion of the CourtBellows, J.
The questions raised here are, whether the defendant can lawfully sell the plaintiff’s interest in tiffs land, and if not, whether a bill in equity will lie to restrain the defendant by injunction.
In this case, we think the meditated sale by the defendant is clearly illegal and wrongful; and it is equally clear that it would be a cloud upon the plaintiff’s title from which a serious injury might reasonably be apprehended, inasmuch as it could not fail to embarrass him in raising money upon a mortgage of the property, in exchanging it for another homestead, or making other dispositions of it…
2Cases cited16 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Pettit v. ShepherdNew York Court of Chancery · 1835
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3Cited by1 opinion
- HSBC Bank USA, National Ass'n v. MacMillanSupreme Court of New Hampshire · 2010