Barney v. Leeds
Supreme Court of New Hampshire
Petition for partition, under the statute, by Eleazer Barney against Carey Leeds. At the March term, 1873, there was judgment that partition be made, and, by agreement of the parties, N. B. Felton, Esq., alone, was appointed a committee to make partition.
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Petition for partition, under the statute, by Eleazer Barney against Carey Leeds. At the March term, 1873, there was judgment that partition be made, and, by agreement of the parties, N. B. Felton, Esq., alone, was appointed a committee to make partition. At the September term, 1873, his report comes in, wherein he finds (1) that the premises cannot be divided without great prejudice ; (2) that the value of the whole, September 22,1866, was $800 ; (3) that on said twenty-second day of September, 1866, said Barney’s interest in the premises accrued to him by the levy of an execution thereon ;…
1Opinion of the CourtFoster, J.
The plaintiff, as a creditor of the defendant, caused the estate of the latter to be set off on execution. The entire value of the premises, including the homestead right, was appraised by the committee at $600, and they were set off to the creditor, “ subject to a family homestead.” As the result of these proceedings, the parties became tenants in common.
Upon petition by the creditor for partition, the court decreed that the committee to be appointed to make partition should assign to the debtor so much of the estate as they might find to have been of the value of $500 on the day of the…
2Cases cited1 opinion
- Pratt v. JonesSupreme Court of Vermont · 1850
3Cited by2 opinions
- Northern New Hampshire Mental Health & Developmental Services, Inc. v. CannellSupreme Court of New Hampshire · 1991
- Bartlett v. BartlettSupreme Court of New Hampshire · 1976