Brookfield v. Sawyer
Supreme Court of New Hampshire
Trespass, guare clausum. Trial by jury and verdict for the defendants. September 5, 1894, Joseph Pike conveyed his homestead premises to the defendant Sawyer, by a warranty deed in which his wife did not join. The conveyance was fraudulent and void as against the plaintiffs.
Read the full summary
Trespass, guare clausum. Trial by jury and verdict for the defendants. September 5, 1894, Joseph Pike conveyed his homestead premises to the defendant Sawyer, by a warranty deed in which his wife did not join. The conveyance was fraudulent and void as against the plaintiffs. The premises were in two> parcels, one containing about four acres having a dwelling house,, barn, and other buildings upon it, situate -on one side of a highway, and the other containing about twenty acres of pasturage and tillage land situate on the other side of the highway. Pike’s family resided upon the premises, and…
1Opinion of the CourtBlodgett, J.
Limited to its facts, the case presents but the single inquiry whether the fraudulent grantee of a homestead can maintain trespass (¡ware clausum., against a creditor of the grantor who has subsequently taken a part of it on execution. This inquiry is decisively answered by Currier v. Sutherland, 54 N. H. 475 (approved more or less directly in Tilton v. Sanborn, 59 N. H. 290, 291, and Provencher v. Brooks, 64 N. H. 479, 481), in which it was held that a conveyance of property which is exempt from attachment or levy may be fraudulent and void as to creditors; that the right of homestead, being…
2Cases cited2 opinions
- Provencher v. BrooksSupreme Court of New Hampshire · 1887
- Tilton v. SanbornSupreme Court of New Hampshire · 1879
3Cited by2 opinions
- Gilcreast v. BartlettSupreme Court of New Hampshire · 1906
- Robinson v. BurkeSupreme Court of New Hampshire · 1899