Fogg v. Fogg
Supreme Court of New Hampshire
'Writ ok Entry, brought by Hilliard Fogg against Andrew J. Fogg, to recover possession of a lot of land, with tbe buildings thereon, situate in Pittsfield, which had been set off to tbe plaintiff upon an execution against the defendant.
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'Writ ok Entry, brought by Hilliard Fogg against Andrew J. Fogg, to recover possession of a lot of land, with tbe buildings thereon, situate in Pittsfield, which had been set off to tbe plaintiff upon an execution against the defendant. The defendant claimed to be entitled to retain the occupation of the demanded premises as his family homestead, notwithstanding the levy of the plaintiff’s execution against him thereon, the defendant and his wife having demanded of the officer having the execution, at the time of the levy thereof on the demanded premises, that he should set out and assign to…
1Opinion of the CourtBellows, J.
At the time of the extent the estate was clearly the family homestead; and it is not certain that the question would not, in the absence of fraud, be determined by its condition at that time, instead of the time of the attachment; which merely fixes a lien, giving a right to the creditor to satisfy his judgment as against subsequent attaching creditors and purchasers, but confers no title. Freeman v. McGaw, 15 Pick. 82.
In the case of the redemption of a mortgage existing at the time of the attachment, but redeemed before the levy, or where the property between the attachment and the levy *285had…
2Cases cited2 opinions
- Hoyt v. HoweWisconsin Supreme Court · 1854
- Gary v. EastabrookCalifornia Supreme Court · 1856