Johnson v. Fay
Massachusetts Supreme Judicial Court
Bill in equity by the assignee in insolvency of Warren Parmenter, under proceedings commenced on the 4th of June 1857, to redeem land occupied by Parmenter and his family as a homestead from 1847 until the 13th of October 1857, subject to two mortgages, in the first of which, dated October 1st 1855, to secure payment of the sum of $ 1256, his wife released all her rights of homestead, and in the second of which, dated November 10th 1856, she did not.
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Bill in equity by the assignee in insolvency of Warren Parmenter, under proceedings commenced on the 4th of June 1857, to redeem land occupied by Parmenter and his family as a homestead from 1847 until the 13th of October 1857, subject to two mortgages, in the first of which, dated October 1st 1855, to secure payment of the sum of $ 1256, his wife released all her rights of homestead, and in the second of which, dated November 10th 1856, she did not. The question whether the plaintiff could redeem without paying the amount due on the second mortgage was reserved by Hoar, J. for the…
1Opinion of the CourtBigelow, C. J.
It is not necessary in the present case to determine whether any homestead right exists in a right to redeem lands mortgaged to an amount exceeding eight hundred dollars, when the wife has joined with her husband in the conveyance to the mortgagee, and released her right of homestead in the premises. The validity of the mortgage which the plaintiff seeks to set aside does not depend on the decision of this question. He contends that the second mortgage on the premises is invalid upon the ground that the wife of the insolvent did not join with her husband in the deed of conveyance, according…
2Cited by4 opinions
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- Smith v. Cudahy Packing Co.District Court, D. Minnesota · 1947
- People Ex Rel. Klinger v. HowlettIllinois Supreme Court · 1972