Martin v. Harrington
Supreme Court of Vermont
Chancery. Bennington County. Petition for the appointment of commissioners to set out a homestead. In vacation following the June Term, 1900, the cause came on for hearing on the bill and a demurrer thereto before Watson, Chancellor. It was adjudged and declared^rojcrwaand without hearing that the demurrer be sustained and the bill dismissed. The orators appealed.
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Chancery. Bennington County. Petition for the appointment of commissioners to set out a homestead. In vacation following the June Term, 1900, the cause came on for hearing on the bill and a demurrer thereto before Watson, Chancellor. It was adjudged and declared^rojcrwaand without hearing that the demurrer be sustained and the bill dismissed. The orators appealed. The petition set out that the defendants, herein, had obtained a decree of foreclosure of the mortgage executed by the petitioner, Edwin R. Martin, a married man, without the joinder of his wife, and covering their homestead. The…
1Opinion of the CourtTaft, C. J.
When the mortgage in question was executed the mortgagor, a married man, was occupying the premises as a homestead. The wife did not join in the mortgage. Subsequently, having no children, the wife died, leaving the husband without family; the husband continued in the occupation of the premises as a housekeeper, with neither wife nor children, and subsequently married the petitioner, Avis A.
The only question made in this case relates to the validity of the mortgage deed upon the death of the wife. Was the deed upon the happening of that event null, or did it become of force so as to cover the…
2Cases cited13 opinions
- Day v. AdamsSupreme Court of Vermont · 1869
- Davis v. AndrewsSupreme Court of Vermont · 1858
- Howe v. AdamsSupreme Court of Vermont · 1856
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Stimpson v. PutnamSupreme Court of Vermont · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Jenkins v. HuntsingerNew Mexico Supreme Court · 1942
- Laird v. PerrySupreme Court of Vermont · 1902
- Estate of Girard v. LairdSupreme Court of Vermont · 1993
- First National Bank v. BertoliSupreme Court of Vermont · 1914
14 more not listed; retrieve them via the Exa API.