Fellows v. Dow
Supreme Court of New Hampshire
Bill in Equity, for a homestead, and an account of rents and profits. Facts found by the court. Mr. Fellows, owning the premises, and occupying them as a homestead, subject to two homestead mortgages signed by himself and wife, and being adjudged a bankrupt, his assignee sold the equity of redemption to the defendant. The defendant afterwards bought the mortgages, obtained judgments upon them, and caused the judgments to be enforced by the execution of writs of possession.
Read the full summary
Bill in Equity, for a homestead, and an account of rents and profits. Facts found by the court. Mr. Fellows, owning the premises, and occupying them as a homestead, subject to two homestead mortgages signed by himself and wife, and being adjudged a bankrupt, his assignee sold the equity of redemption to the defendant. The defendant afterwards bought the mortgages, obtained judgments upon them, and caused the judgments to be enforced by the execution of writs of possession. When the writs were executed, the plaintiffs’ agent, having money sufficient for the purpose, offered to pay the…
1Opinion of the CourtDoe, C. J.
The right to redeem a homestead from a mortgage executed by husband and wife, releasing all rights of homestead, is an interest of the debtor in the homestead, and an interest in which the statute gives a homestead right. And this right is excepted, by the bankrupt law, from the operation of the conveyance to the assignee.
The provisions of the homestead law do “ not apply to any judgment on any note or mortgage executed by the debtor and his wife.” Gen. St., c. 124, s. 18; Laws of 1851, c. 1089, s. 5. The homestead is not exempted from the process by which such a judgment is enforced. The…
2Cited by3 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Strafford v. WelchSupreme Court of New Hampshire · 1879
- Katherine R. Brady v. Lawrence P. Sumski, Chapter 13 TrusteeSupreme Court of New Hampshire · 2023