Avery v. Davis

Objection is made that the petition was filed too late. The execution was issued in 1918 and a levy was made, but not recorded. A stay of proceedings was ordered and continued in force until March, 1924, and this petition was filed in April, 1924. The defendant evicted the plaintiffs in August, 1924.

Upon recommendation of the commissioners in 1891, important changes were then made in the method of establishing a homestead upon petition under the statute. Comrs. Rep., P. S., c. 137, ss. 6, 7, 12, 13, 16; P. S., c. 138. Under the earlier statute it was incumbent upon the applicant to make a…