Lamb v. Mason
Supreme Court of Vermont
Ejectment for a messuage and premises in the village of Ludlow. The defendant disclaimed as to all the premises in the declaration mentioned, except as to an estate of homestead therein, set out to him on the 12th of August, 1868, on the levy of an execution against him and one Guernsey in favor of Poor & Co., upon a portion of the premises disclaimed, as to which, he pleaded not guilty. Trial by the court, December term, 1872, Barrett, J., presiding.
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Ejectment for a messuage and premises in the village of Ludlow. The defendant disclaimed as to all the premises in the declaration mentioned, except as to an estate of homestead therein, set out to him on the 12th of August, 1868, on the levy of an execution against him and one Guernsey in favor of Poor & Co., upon a portion of the premises disclaimed, as to which, he pleaded not guilty. Trial by the court, December term, 1872, Barrett, J., presiding. The plaintiff attached said messuage and premises on a writ in his favor against the defendant and said Guernsey on the 3d day of December,…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
In West River Bank v. Gale, 42 Vt. 27, it was held that under the statutes of this state the homestead of a debtor was exempt from attachment upon debts contracted after the filing of the deed of the homestead for record in the town clerk’s office, and before the occupation of the premises by the debtor as a homestead. There have been several sessions of the legislature since that decision was made and published, and no change has been made in the statutes that received that construction, and it must be regarded as settled. Thefe is nothing…
2Cases cited1 opinion
- West River Bank v. GaleSupreme Court of Vermont · 1869
3Cited by6 opinions
- Weale v. LundSupreme Court of Vermont · 2006
- Finnegan v. PrindevilleSupreme Court of Missouri · 1884
- Sharp v. StewartSupreme Court of Missouri · 1904
- Spaulding v. CraneSupreme Court of Vermont · 1873
- Woodbury v. WarrenSupreme Court of Vermont · 1894
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