Abell v. Lothrop
Supreme Court of Vermont
Appeal from the court of chancery. Demurrer to the bill for want of equity. The court, at the September term, 1874, Wheeler, Chancellor, sustained the demurrer, pro forma, and dismissed the bill with costs. Appeal by the orators. The case is fully stated in the opinion. The orators are the family of Maranville — have no other homestead — and are entitled to a homestead in the premises in question.
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Appeal from the court of chancery. Demurrer to the bill for want of equity. The court, at the September term, 1874, Wheeler, Chancellor, sustained the demurrer, pro forma, and dismissed the bill with costs. Appeal by the orators. The case is fully stated in the opinion. The orators are the family of Maranville — have no other homestead — and are entitled to a homestead in the premises in question. The conveyance from Maranville to Curtis was wholly inoperative to convey the homestead. Gen. Sts. ch. 68, § 10; Day v. Adams, 42 Vt. 510; Exr. of Doane v. Doane, 46 Yt. 485. The decisions in Rowe…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This is an appeal from the decree of the court of chancery dismissing the orators’ bill. The material facts set forth in the bill, may be summarized as follows: Robert Maranville, on the 27th day of October, 1868, was the owner, and, with his wife and minor children, was in the occupancy of certain premises in Pittsford, in which they had a homestead, and on that day Robert, by his sole deed, mortgaged said premises to one Curtis *378to secure an indebtedness then created. The Curtis mortgage was afterwards assigned to the defendant; and the…
2Cases cited4 opinions
- Davis v. AndrewsSupreme Court of Vermont · 1858
- Howe v. AdamsSupreme Court of Vermont · 1856
- Chambers v. KeeneCourt of Appeals of Kentucky · 1858
- Jewett, Tibbett & Co. v. BrockSupreme Court of Vermont · 1859
3Cited by8 opinions
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Estate of Girard v. LairdSupreme Court of Vermont · 1993
- Davis v. DavisSupreme Court of Vermont · 1908
- Gordon v. DeavittSupreme Court of Vermont · 1910
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