Legal Opinion

Lamb v. Mason

Supreme Court of Vermont

Decided October 15, 1877PublishedCited by 6 opinions

[In Chancery.] Appeal from the Court of Chancery. The bill alleged that at the May Term, 1868, of the Windsor County Court, the orator Allen J. Lamb brought an action against the defendant Charles S. Mason and the orator George S. Guernsey on their four promissory notes to said Lamb, and therein caused to be attached as the property of said Mason a building in Ludlow, the lower story of which was used as a dry goods store, and the upper story of which was used by said Mason…

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[In Chancery.] Appeal from the Court of Chancery. The bill alleged that at the May Term, 1868, of the Windsor County Court, the orator Allen J. Lamb brought an action against the defendant Charles S. Mason and the orator George S. Guernsey on their four promissory notes to said Lamb, and therein caused to be attached as the property of said Mason a building in Ludlow, the lower story of which was used as a dry goods store, and the upper story of which was used by said Mason as a dwelling, together with about a quarter of an acre of land thereto belonging; that said premises were then under…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The Homestead Act, Gen. Sts. c. 68, declares in s. 1, that “ the homestead of every housekeeper or head of a family, consisting of a dwelling-house, outbuildings, and the land, used in connection therewith, not exceeding five hundred dollars in value, and used or kept by such housekeeper of head of a family as such homestead, shall, together with the rents, issues, profits, and products thereof, be exempt from attachment and execution, except as hereinafter provided.” Sec. 2 provides that when an execution is levied upon the real estate of…

2Cases cited15 opinions

  1. Gunn v. BarrySupreme Court of the United States · 1873
  2. Stevens v. CooperNew York Court of Chancery · 1815
  3. Austin v. UnderwoodIllinois Supreme Court · 1865
  4. Pinchain v. CollardTexas Supreme Court · 1855
  5. Magee v. MageeIllinois Supreme Court · 1869

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3Cited by6 opinions

  1. State ex rel. Sligo Iron Store Co. v. MasonSupreme Court of Missouri · 1885
  2. Gordon v. DeavittSupreme Court of Vermont · 1910
  3. In re Worcester's EstateSupreme Court of Vermont · 1888
  4. State ex rel. Sligo Iron Store Co. v. MasonMissouri Court of Appeals · 1884
  5. Gordon v. DeavittSupreme Court of Vermont · 1910

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