Foster v. Leland
Massachusetts Supreme Judicial Court
Writ of entry, dated August 2,1884, to recover a parcel of land in Holliston. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, upon agreed facts, in substance as follows: The demanded premises came into the possession of George H. Foster, the husband of the demandant, by warranty deed, dated October 1, 1851, and recorded on October 15, 1851, in which .said premises are described as “ designed for…
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Writ of entry, dated August 2,1884, to recover a parcel of land in Holliston. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, upon agreed facts, in substance as follows: The demanded premises came into the possession of George H. Foster, the husband of the demandant, by warranty deed, dated October 1, 1851, and recorded on October 15, 1851, in which .said premises are described as “ designed for a homestead.” The premises were conveyed by George H. Foster to Jonathan Bullard, by quitclaim deed, dated December 10,…
1Opinion of the CourtHolmes, J.
The demandant left the premises voluntarily with her husband at the end of the year 1854, and went to Worcester with no intention of returning to Holliston. Her husband died on January 6, 1868, and she appears to have made no claim and no attempt to occupy the premises up to the date of the writ, August 2, 1884.
The homestead exemption created by the act of 1851 is continued after the householder’s death for the benefit of his widow and family only in case of “ some one of them continuing to occupy such homestead.” St. 1851, e. 340, § 2. It is settled that, if the demandant had left as she…
2Cases cited3 opinions
- Brettun v. FoxMassachusetts Supreme Judicial Court · 1868
- Abbott v. AbbottMassachusetts Supreme Judicial Court · 1867
- Paul v. PaulMassachusetts Supreme Judicial Court · 1884
3Cited by1 opinion
- In Re MarramaUnited States Bankruptcy Court, D. Massachusetts · 2004