Cole v. Laconia Savings Bank
Supreme Court of New Hampshire
Bill in Equity, for a homestead. The parties agreed upon, the following facts for the opinion of the court: May 28, 1878, the plaintiff, Stephen B. Cole, was the owner of one undivided half of the premises described in the bill, being about sixty acres, part mowing and part wood land; and he had no other real estate. On the above day, the defendants, having an execution against him, caused the same to be - levied on said land, subject only to the wife’s right of dower.
Read the full summary
Bill in Equity, for a homestead. The parties agreed upon, the following facts for the opinion of the court: May 28, 1878, the plaintiff, Stephen B. Cole, was the owner of one undivided half of the premises described in the bill, being about sixty acres, part mowing and part wood land; and he had no other real estate. On the above day, the defendants, having an execution against him, caused the same to be - levied on said land, subject only to the wife’s right of dower. Said land never had any dwelling-house on it, and the petitioners were then residing about three miles away.
1Opinion of the CourtDoe, C. J.
Upon the facts stated, the bill should be dismissed. The case does not show occupation, use, or intention. It does not appear that the premises are a part of the place of the plaintiffs’ home.
Gase discharged.
Foster, J., did not sit: the others concurred.
2Cited by3 opinions
- Libbey v. DavisSupreme Court of New Hampshire · 1895
- In Re MyersUnited States Bankruptcy Court, D. New Hampshire · 2005
- Nichols v. NicholsSupreme Court of New Hampshire · 1883