Legal Opinion

Heaton v. Sawyer

Supreme Court of Vermont

Decided May 15, 1888PublishedCited by 11 opinions

EjectmeNt to recover the seisin and possession of a farm of land in Berlin. Heard on an agreed statement, March Term, 1887, Veazey, J., presiding'. Judgment pro forma and without hearing for the plaintiff for the seisin and possession of the farm in question except the two pieces set to Norman D. Sawyer in his distributive share in his father’s estate; and it was also pro forma adjudged that the defendant or her children have a homestead right in the excepted pieces to be…

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EjectmeNt to recover the seisin and possession of a farm of land in Berlin. Heard on an agreed statement, March Term, 1887, Veazey, J., presiding'. Judgment pro forma and without hearing for the plaintiff for the seisin and possession of the farm in question except the two pieces set to Norman D. Sawyer in his distributive share in his father’s estate; and it was also pro forma adjudged that the defendant or her children have a homestead right in the excepted pieces to be set out, if this judgment-is sustained. Both parties excepted. The facts appear in the opinion. The plaintiffs have no…

1Opinion of the Court

*498The opinion of the court was delivered by

Ross, J.

The controversy is whether the defendant has a homestead in the premises sued for. She was the wife of Norman D. Sawyer, and while such, had an incohate homestead right in the premises against all the claims now held by the plaintilfs except the Lydia Sawyer mortgage, which was given before she became the wife of Norman D. Sawyer. This mortgage did not cover the entire premises. While she was living with Norman D., as his wife, he executed three mortgages of the entire premises, which are held by the plaintiffs, and have been foreclosed. She…

2Cases cited1 opinion

  1. Whiteman v. FieldSupreme Court of Vermont · 1881

3Cited by11 opinions

  1. Goldsborough v. HewittSupreme Court of Oklahoma · 1909
  2. Martin v. HarringtonSupreme Court of Vermont · 1901
  3. Condosta v. CondostaSupreme Court of Vermont · 1982
  4. Bedal v. SakeIdaho Supreme Court · 1904
  5. Rogers v. DayMichigan Supreme Court · 1898

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