Silloway v. Brown
Massachusetts Supreme Judicial Court
Tort for breaking and- entering the plaintiff’s close; and Replevin of a quantity of hay which grew upon the premises. Trial in the superior court, without a jury, before Ames, J., who found the facts to be as follows : The defendant in July 1853 purchased a lot of land in West Newbury, and in March 1854 mortgaged it to secure the payment of his promissory note for $1000, which is still unpaid.
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Tort for breaking and- entering the plaintiff’s close; and Replevin of a quantity of hay which grew upon the premises. Trial in the superior court, without a jury, before Ames, J., who found the facts to be as follows : The defendant in July 1853 purchased a lot of land in West Newbury, and in March 1854 mortgaged it to secure the payment of his promissory note for $1000, which is still unpaid. He has lived on the premises ever since September 1853, at which time his family consisted of his wife and son. His wife died in August 1858, and he afterwards employed a female housekeeper, who…
1Opinion of the CourtGray, J.
By the statute in force when the defendant acquired his title, there was “ exempted, to the value of eight hundred dollars,” from sale or levy on execution for subsequent debts, “ the homestead farm or the lot and buildings thereon, occupied as a residence and owned by the debtor, or any such buildings owned by the debtor and so occupied on land not his own, but of which he shall be in rightful possession, by lease or otherwise, he being a householder and having a family,” “ such exemption ” to continue after his death, for the benefit of his widow and children, some one of them continuing to…
2Cases cited8 opinions
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Miller v. ButlerMassachusetts Supreme Judicial Court · 1850
- Howe v. AdamsSupreme Court of Vermont · 1856
- Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
- Wait v. RichardsonSupreme Court of Vermont · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
- Weaver v. First National BankSupreme Court of Kansas · 1907
- In Re WebberUnited States Bankruptcy Court, D. Massachusetts · 2002
- In Re MarramaUnited States Bankruptcy Court, D. Massachusetts · 2004
- In Re BrizidaUnited States Bankruptcy Court, D. Massachusetts · 2002
3 more not listed; retrieve them via the Exa API.