Beland v. Goss
Supreme Court of New Hampshire
Coos Petitions, under the statute in regard to homesteads. Facts, agreed. Frank Demars, one of the defendants, was the owner, subject to a mortgage, of a lot and dwelling-house occupied by him as a homestead. January 12, 1894, the plaintiff attached all of Demars’ real estate on a writ in assumpsit.
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Coos Petitions, under the statute in regard to homesteads. Facts, agreed. Frank Demars, one of the defendants, was the owner, subject to a mortgage, of a lot and dwelling-house occupied by him as a homestead. January 12, 1894, the plaintiff attached all of Demars’ real estate on a writ in assumpsit. January 31, 1894, Demars and wife conveyed the real estate, subject to the-mortgage, but with no provision as to the attachment, to the-defendants, Goss and Perkins, by deed in common form with release of dower and homestead. Neither Demars, nor Goss, n'or Perkins has since resided upon the…
1Opinion of the Court
Smith,. J.
The defendants contend that because at the date of the attachment the premises were subject to the mortgage, and to the right of the debtor and his wife to a homestead, no greater interest of the debtor can be seized and sold on the execution. By the attachment, the creditor acquired a statutory lien upon the debtor’s interest in the property, not only as it was at the time the attachment was made, but such additional interest as he might have at the time the property was taken on execution. P. S., c. 220, s. 12. The attachment was subject to the mortgage ; but if the mortgage debt…
2Cases cited3 opinions
- Currier v. WoodwardSupreme Court of New Hampshire · 1882
- Lake v. PageSupreme Court of New Hampshire · 1885
- Cross v. WeareSupreme Court of New Hampshire · 1882
3Cited by15 opinions
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- In Re ViscontiUnited States Bankruptcy Court, D. New Hampshire · 2001
- In Re SkorichUnited States Bankruptcy Court, D. New Hampshire · 2005
- Rodman v. YoungSupreme Court of New Hampshire · 1996
- LeBlanc v. BerubeSupreme Court of New Hampshire · 1997
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