Goodall v. Rowell
Superior Court of New Hampshire
Writ or Entry, to recover the homestead and farm formerly belonging to the tenant; submitted to the determination of the court upon a statement of facts.
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Writ or Entry, to recover the homestead and farm formerly belonging to the tenant; submitted to the determination of the court upon a statement of facts. On the 5th day of January, 1842, the present demandant caused the tenant’s right in equity in the demanded premises to be attached, and duly entered his action, and obtained judgment at the September term of the court of common pleas, 1842. Within thirty days from tho rendition of said judgment, ho delivered the execution to the officer who made tlio attachment, and W'ho duly sold the said right in equity, and gave him a deed purporting to…
1Opinion of the Court
Parker, C. J.*
The deed of the sheriff is in conformity with the statute, so far as that furnishes the particular form. But the blank which is left in the statute might be filled by a reference to the time of the attachment. The question is whether it is necessary it should be so. We are of opinion that it is not. In a levy upon real estate, no reference is had to the time of the attachment. The levy is made as of that time. The value is appraised as of that time. If there has been an increase in value, the debtor has the benefit. If a loss, it is his loss. But the attachment constituted a…
2Cases cited4 opinions
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
- Bailey v. MarchSuperior Court of New Hampshire · 1825
- Mills v. PeirceSuperior Court of New Hampshire · 1819