Gerrish v. Hill
Supreme Court of New Hampshire
Homestead Claim. Facts found by the court. October 22, 1888, the plaintiff commenced the levy of an execution against the defendants upon a farm in Enfield, in which the defendants now claim a homestead. September 8,1888, the defendants exchanged this Enfield farm with one Colby, for a small farm in Franklin, and gave him a warranty deed of it.
Read the full summary
Homestead Claim. Facts found by the court. October 22, 1888, the plaintiff commenced the levy of an execution against the defendants upon a farm in Enfield, in which the defendants now claim a homestead. September 8,1888, the defendants exchanged this Enfield farm with one Colby, for a small farm in Franklin, and gave him a warranty deed of it. The defendants claim that they continued to reside on the Enfield farm until October 25, 1888, three days after the commencement of the levy. Their demand for a homestead was made upou the officer November 28, 1888. At that time they were actually…
1Opinion of the CourtClark, J.
The defendants’ homestead right in the Enfield farm was extinguished by the conveyance of their interest in it and by their removal from it. G. L., e. 138, s. 1; Currier v. Woodward, 62 N. H. 63. Whether they bad actually moved when the levy was commenced, and whether the value of the farm was more than $500 above the mortgage, is immaterial. The validity of their claim depends upon the existence of the homestead right at the time of the demand. As they had neither title nor possession when the demand was made, their application for a homestead was properly denied. Besides, the fact appears…
2Cases cited1 opinion
- Currier v. WoodwardSupreme Court of New Hampshire · 1882
3Cited by7 opinions
- Schalebaum v. Town of Wolfeboro (In Re Schalebaum)United States Bankruptcy Court, D. New Hampshire · 2001
- In Re ViscontiUnited States Bankruptcy Court, D. New Hampshire · 2001
- Langevin v. Hillsborough CountySupreme Court of New Hampshire · 1974
- Katherine R. Brady, Debtor/Appellant v. Lawrence P. Sumski, Chapter 13 Trustee, AppelleeDistrict Court, D. New Hampshire · 2022
- Brady v. SumskiDistrict Court, D. New Hampshire · 2023
2 more not listed; retrieve them via the Exa API.