Holmes v. Winchester
Massachusetts Supreme Judicial Court
Writ of ENTRY, by the assignees in insolvency of the estate of George 0. Winchester, against said Winchester, Sarah W. Winchester, and Susan A. Whitney, to recover a certain parcel of land in Ashburnham. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : It appeared that the demanded premises constituted the dwelling-place of George C. Winchester; and that it was conveyed to him at several times by various parties.
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Writ of ENTRY, by the assignees in insolvency of the estate of George 0. Winchester, against said Winchester, Sarah W. Winchester, and Susan A. Whitney, to recover a certain parcel of land in Ashburnham. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : It appeared that the demanded premises constituted the dwelling-place of George C. Winchester; and that it was conveyed to him at several times by various parties. The first tract purchased was conveyed to Charles Winchester and George C. Winchester, on June 10, 1856, by one Austin…
1Opinion of the CourtField, J.
George C. Winchester and Sarah W. Winchester, his wife, two of the tenants, claim under the St. of 1855, c. 238, an estate of homestead in the tract of land conveyed by Austin Whitney to Charles Winchester and George C. Winchester on June 10, 1856. But until Charles Winchester released his interest in this tract to George C. Winchester, on January 17, 1859, the two Winchesters were tenants in common of the land. An estate of homestead was not created by that statute in land held in common and undivided; and the statute was repealed before the conveyance of January 17, 1859. St. 1857, e. 298,…
2Cases cited3 opinions
- Bates v. BatesMassachusetts Supreme Judicial Court · 1867
- Howes v. BurtMassachusetts Supreme Judicial Court · 1881
- Weller v. WellerMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Atlantic Savings Bank v. Metropolitan Bank & Trust Co.Massachusetts Appeals Court · 1980