Kensell v. Cobleigh
Supreme Court of New Hampshire
Bill in Equity, to foreclose a mortgage. Facts found by a referee. The defendant Wayne Cobleigh is justly indebted to the plaintiffs, according to his promissory note, for $397, dated July 6, 1.877, payable to the plaintiffs or order, in one year from date, with interest annually, on which date he gave the plaintiffs a mortgage of the land described in the bill, being his homestead place in Groveton, Northumberland.
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Bill in Equity, to foreclose a mortgage. Facts found by a referee. The defendant Wayne Cobleigh is justly indebted to the plaintiffs, according to his promissory note, for $397, dated July 6, 1.877, payable to the plaintiffs or order, in one year from date, with interest annually, on which date he gave the plaintiffs a mortgage of the land described in the bill, being his homestead place in Groveton, Northumberland. His wife joined in the execution of the mortgage, both parties thereby releasing their homestead rights. April 7, 1877, the real estate described in the bill, and which was…
1Opinion of the CourtClark, J.
An extent may be made subject to the homestead right when no application is made to have a homestead set out and assigned. Fletcher v. The State Capital Bank, 37 N. H. 369. If a homestead is demanded, and the right is denied, provision is made by s. 20, c. 138, Gen. Laws, for the determination of the right. If a creditor, instead of determining the question of the homestead right in the statutory mode, extends his execution upon the whole property, disregarding the demand for a homestead, he incurs the risk of having his extent defeated in the event the homestead right is maintained. If the…
2Cited by1 opinion
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