Pollard v. Noyes
Supreme Court of New Hampshire
Petition for a homestead. The assignee in bankruptcy of the plaintiff’s husband sold to the defendant the right in equity to redeem the homestead premises from a mortgage signed by the bankrupt and his wife, and releasing homestead rights. Subsequently the defendant bought the mortgage, obtained judgment upon it, and took the premises upon a writ of possession.
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Petition for a homestead. The assignee in bankruptcy of the plaintiff’s husband sold to the defendant the right in equity to redeem the homestead premises from a mortgage signed by the bankrupt and his wife, and releasing homestead rights. Subsequently the defendant bought the mortgage, obtained judgment upon it, and took the premises upon a writ of possession. The defendant claims contribution from the plaintiff in the payment of the mortgage as a condition of her title to a homestead.
1Opinion of the CourtAllen, J.
The homestead right exists in favor of the wife in any interest of the debtor in his homestead real estate (G. L., c. 138, s. 1), and the right in equity to redeem the homestead from a mortgage signed by the wife is such an interest. Norris v. Moulton, 34 N. H. 392; Fellows v. Dow, 58 N. H. 21. The assignment by the husband in bankruptcy did not affect the wife’s right. Rev. St. U. S., s. 5045. The statute gives the right against the “ creditors, grantees, and heirs ” of the husband, and makes it paramount to every other right except that given by the wife’s deed. The plaintiff had her right,…
2Cases cited2 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Swaine v. PerineNew York Court of Chancery · 1821
3Cited by1 opinion
- Smith v. HallSupreme Court of New Hampshire · 1892