Squire v. Mudgett
Supreme Court of New Hampshire
Writ oe Entry. Plea, nul disseizin, witb a brief statement of defence of title in the premises by virtue of the homestead right of the defendant and his minor children. The premises in controversy are a store and dwelling-house, with the land upon which they stand.
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Writ oe Entry. Plea, nul disseizin, witb a brief statement of defence of title in the premises by virtue of the homestead right of the defendant and his minor children. The premises in controversy are a store and dwelling-house, with the land upon which they stand. They were held by the defendant’s wife in her own right, and were occupied by her and the defendant and two minor children until her death in 1879. The defendant and children have remained in possession since her death. The plaintiff recovered judgment against the defendant upon a debt contracted in 1871, and levied an execution…
1Opinion of the CourtAllen, J.
The plaintiff seeks to recover possession of the premises by virtue of a title acquired by the levy of an execution on the defendant’s life estate in the land. The defence is, that the defendant, at the time of the levy, was entitled to a homestead in the interest levied upon- of the value of $500, which was greater than the value of the life estate, and that the plaintiff took nothing by his levy. The defendant also claims that if he is not entitled to a homestead in the life estate, his minor children are, and that their homestead right defeats the plaintiff’s levy.
By the law of 1868 (Laws…
2Cases cited1 opinion
- Edwards v. KearzeySupreme Court of the United States · 1878
3Cited by1 opinion
- Squire v. MudgettSupreme Court of New Hampshire · 1884