Blodgett v. Lawrence
Supreme Court of Vermont
Appeal in Chancery. Proceeding to foreclose an equitable mortgage on real estate wherein defendants claimed a homestead. Heard on the pleadings and finding of facts by the Chancellor, at the June Term, 1914, Caledonia County, Butter, Chancellor. Decree for the plaintiff. The defendants appealed.
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Appeal in Chancery. Proceeding to foreclose an equitable mortgage on real estate wherein defendants claimed a homestead. Heard on the pleadings and finding of facts by the Chancellor, at the June Term, 1914, Caledonia County, Butter, Chancellor. Decree for the plaintiff. The defendants appealed. The findings of the chancellor reveal the following facts: June 14, 1912, the defendant, Victor V., executed and delivered to the orator a quitclaim deed, which should be treated in equity as a mortgage, covering the premises described in the bill. The defendant, Victoria, wife of Victor, not having…
1Opinion of the CourtHealy, J.
The defendants were occupying the premises in contention as a homestead in January, 1912, when the dwelling house thereon was destroyed by fire and they were compelled to go elsewhere to live. Were the premises being kept as their homestead in June, 1912, when the defendant, Victor, delivered to the petitioner a quitclaim deed of the premises in which the wife did not join? If they were, the deed is void as to the homestead. Martin v. Harrington, 73 Vt. 193, 53 Atl. 1074, 87 Am. St. Rep. 704. So the question is not whether the defendants acquired a homestead, but whether they abandoned *274their…
2Cases cited9 opinions
- Cram v. CramSupreme Court of Vermont · 1860
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Thorp v. ThorpSupreme Court of Vermont · 1897
- Howell v. GiffordNew Jersey Court of Chancery · 1903
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3Cited by3 opinions
- Krueger v. GrothWisconsin Supreme Court · 1926
- In Re Estate of WolffSupreme Court of Vermont · 1936
- David W. Biow Co. v. CohenSupreme Court of Vermont · 1925