Smith v. Hall
Supreme Court of New Hampshire
Bill in Equity, for a homestead. Facts agreed. February 4, 1886, the plaintiff’s husband mortgaged the premises in question to the Farmington Savings Bank to secure his promissory note for $641.78, the plaintiff releasing dower and homestead.
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Bill in Equity, for a homestead. Facts agreed. February 4, 1886, the plaintiff’s husband mortgaged the premises in question to the Farmington Savings Bank to secure his promissory note for $641.78, the plaintiff releasing dower and homestead. September 19, 1887, Smith executed a second mortgage of the premises to the defendant (in which the plaintiff did not join) to secure his promissory note for $1,000. The defendant has commenced proceedings by writ of entry against the plaintiff’s husband to foreclose the latter, mortgage; also proceedings by writ of entry against the plaintiff and her…
1Opinion of the CourtSmith, J.
The plaintiff is entitled to a homestead of the value of $500 in the equity of redemption from the bank mortgage fG. L., c. 188, s. 1), and, her right is not affected by the second mortgage to which she was not a party. She is entitled, on redeeming the bank mortgage, to hold the whole estate until the defendant shall repay her the amount of that mortgage, when she will be entitled to have a homestead assigned, without contribution, from that part of the premises occupied as such. Pollard v. Noyes, 60 N. H, 184.
Case discharged.
All concurred. .
2Cases cited1 opinion
- Pollard v. NoyesSupreme Court of New Hampshire · 1880
3Cited by5 opinions
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