Austin v. Stanley
Supreme Court of New Hampshire
Writ oe entry. Submitted upon an agreed statement of facts. The demanded premises are in Weare, in this county, and consist of a house and lot of land of the value of five hundred dollars.
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Writ oe entry. Submitted upon an agreed statement of facts. The demanded premises are in Weare, in this county, and consist of a house and lot of land of the value of five hundred dollars. The defendant claims title by virtue of the levy of an execution in his favor as administrator against the plaintiff on a claim arising since July 4, 1851, and the plaintiff claims under the " act to exempt the homestead of families from attachment and levy on execution passed July 4, 1851.” At the time of the attachment of the premises by the defendant, neither the plaintiff nor his family were in the…
1Opinion of the CourtDoe, J.
The Homestead Act, ch. 1089, Laws 1851, provides that the family homestead of the head of each family shall be exempt. "Homestead” means home place, or place of the home, and the question whether the premises were exempt from the levy of the defendant’s execution, is to be determined by the rules applicable to residence or domicile — rules of familiar and frequent application in questions of right to vote and liability to be taxed. The statute was specially intended to secure to debtors and their families, the shelter of the homestead roof; not to exempt mere investments in real estate, or…
2Cases cited4 opinions
- Taylor v. BoulwareTexas Supreme Court · 1856
- Moss v. WarnerCalifornia Supreme Court · 1858
- Davis v. AndrewsSupreme Court of Vermont · 1858
- Benedict v. BunnellCalifornia Supreme Court · 1857
3Cited by9 opinions
- Stewart v. BaderSupreme Court of New Hampshire · 2006
- In Re EckolsUnited States Bankruptcy Court, D. New Hampshire · 1986
- Grotberg v. First Nat. Bank.North Dakota Supreme Court · 1926
- In Re MarsicoUnited States Bankruptcy Court, D. New Hampshire · 2002
- In Re ViscontiUnited States Bankruptcy Court, D. New Hampshire · 2001
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