Marston v. Stickney
Supreme Court of New Hampshire
Bill in Equity, for partition. Facts agreed. December 26, 1873, the plaintiffs severally sued William W. Stickney, of St. Louis, Missouri, a nephew of the defendant, for labor and material furnished him to build a dwelling-house on School street in Lebanon, and on the same day caused the attachment of the following property, and a return of the same to be made on each of the writs, viz., — “ The dwelling-house lately erected by said defendant, on School street, in Lebanon in…
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Bill in Equity, for partition. Facts agreed. December 26, 1873, the plaintiffs severally sued William W. Stickney, of St. Louis, Missouri, a nephew of the defendant, for labor and material furnished him to build a dwelling-house on School street in Lebanon, and on the same day caused the attachment of the following property, and a return of the same to be made on each of the writs, viz., — “ The dwelling-house lately erected by said defendant, on School street, in Lebanon in said county, to secure and preserve the plaintiff’s lien, by leasing,” &c. The creditors of William W. Stickney duly…
1Opinion of the CourtBingham, J.
The defendants claim that the land was not attached on which the house stood; that the house as described in the officer’s return is personal property, and, being attached as real estate, the attachment is void ; that if some land was attached, the entire quantity levied upon was not, and that the levy is void, also, for this reason.
William W. Stickney was the owner of the two acres of land at the time he built upon it the house attached. This settles the question as to the house being personal property. If the owner of land erects a permanent dwelling-house upon it, the house becomes a part…
2Cited by2 opinions
- Pfeiffer v. General Insurance CorporationDistrict Court, N.D. California · 1960
- United Carbon Co. v. ConnCourt of Appeals of Kentucky · 1961