Babb v. Babb
Supreme Court of New Hampshire
Trespass quare clausum. The plaintiff claims title to the premises by deed from her husband through the intervention of a third person, and also a right of homestead against her husband’s creditors. No homestead has been assigned. The defendant’s title is tbe set-off of the land upon an execution in his favor against the husband; and the defendant claims that the conveyance to the plaintiff was voluntary and in fraud of her husband’s creditors.
Read the full summary
Trespass quare clausum. The plaintiff claims title to the premises by deed from her husband through the intervention of a third person, and also a right of homestead against her husband’s creditors. No homestead has been assigned. The defendant’s title is tbe set-off of the land upon an execution in his favor against the husband; and the defendant claims that the conveyance to the plaintiff was voluntary and in fraud of her husband’s creditors. The jury were instructed that the plaintiff had a homestead right in the land of the value of $500, and if they should find the value of the land not…
1Opinion of the CourtAllen, J.
The plaintiff cannot recover in this action on any claim of a homestead right in the land, the homestead not having been assigned; nor in this proceeding could the jury rightfully determine the value of the land. Tidd v. Quinn, 52 N. H. 341, 343.
If the plaintiff can recover at all, it must be by virtue of her title derived from her husband’s conveyance in fee simple; and if that conveyance was in fraud of his creditors, her title fails without regard to the value of the land, and notwithstanding her homestead right. If the conveyance was not fraudulent, the plaintiff’s right of recovery would…
2Cited by1 opinion
- Munroe v. WilsonSupreme Court of New Hampshire · 1896