Hyser v. Mansfield
Supreme Court of Vermont
Bill in chancery to enjoin the defendants from selling on execution real estate of the orator claimed by him as a homestead. Heard on pleadings and the report of a special master, Orange County, December Term, 1898, Tyler, Chancellor. Decree in accordance with the prayer of the bill. The defendants appealed.
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Bill in chancery to enjoin the defendants from selling on execution real estate of the orator claimed by him as a homestead. Heard on pleadings and the report of a special master, Orange County, December Term, 1898, Tyler, Chancellor. Decree in accordance with the prayer of the bill. The defendants appealed. The defendants Mansfield and Sherwin recovered separate judgments against the orator, upon which executions were issued which they put into the hands of the defendant Parish as deputy sheriff. Parish served the same upon the claimed homestead, and gave notice of a day fixed upon which he…
1Opinion of the CourtMunson, J.
The orator, an unmarried man without children, living with his mother in hired rooms and contributing to the expense, bought a piece of land upon which there was an old shop, and from time to time, as his other work permitted, made the changes necessary to convert the shop into a dwelling. Before these repairs were completed the defendants attached the property ; and after this attachment the orator and his mother moved into the building, where they have since kept house. The master finds that the orator bought and improved and kept the property with the intention of making a dwelling for…
2Cases cited4 opinions
- West River Bank v. GaleSupreme Court of Vermont · 1869
- Rice v. RuddSupreme Court of Vermont · 1885
- Woodbury v. WarrenSupreme Court of Vermont · 1894
- Pierce v. KusicSupreme Court of Vermont · 1883
3Cited by6 opinions
- D'Avignon v. PalmisanoDistrict Court, D. Vermont · 1982
- Blanchard v. City of BarreSupreme Court of Vermont · 1905
- In Re D'AvignonUnited States Bankruptcy Court, D. Vermont · 1981
- Scully v. DermodySupreme Court of Vermont · 1939
- In Re RobergeUnited States Bankruptcy Court, D. Vermont · 2004
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