Robinson v. Leach
Supreme Court of Vermont
Appeal from an order of the court of insolvency for the district of Fair Haven. Heard upon an agreed statementof facts at the September term, 1894, Rutland county, Start, J., presiding. The court affirmed the decree of the court of insolvency, holding that the homestead was subject to the claimant’s debt. The defendant excepts. The giving of the new note extinguished the former debt.
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Appeal from an order of the court of insolvency for the district of Fair Haven. Heard upon an agreed statementof facts at the September term, 1894, Rutland county, Start, J., presiding. The court affirmed the decree of the court of insolvency, holding that the homestead was subject to the claimant’s debt. The defendant excepts. The giving of the new note extinguished the former debt. Hence, the renewal note was not a cause of action existing at the time the homestead was acquired. Ricker v. Adams, 59 Vt. 154; Hutchins v. Olcott, 4 Vt. 549. The taking of a note does not work a payment of the…
1Opinion of the CourtRowell, J.
The question is whether a homestead is exempt from a note given by the homesteader after its acquisition, in renewal of his notes given before its acquisition, the parties to the notes being the same.
The statute subjects the homestead to attachment and levy of execution upon “causes of action existing at the time” it is acquired. It is contended that the cause of action meant is, the claim that the plaintiff makes and declares upon as the ground of his suit, and which is to be litigated on trial. But this ' construction is too strict. The words, “causes of action,” are evidently used in a…
2Cases cited5 opinions
- Hutchins v. OlcuttSupreme Court of Vermont · 1832
- Wofford v. GainesSupreme Court of Georgia · 1874
- Perrin v. Widow of SargeantSupreme Court of Vermont · 1860
- Pinney v. KimptonSupreme Court of Vermont · 1873
- Conway v. SeamonsSupreme Court of Vermont · 1883
3Cited by8 opinions
- Weale v. LundSupreme Court of Vermont · 2006
- In Re ThayerUnited States Bankruptcy Court, D. Vermont · 1984
- Nutting v. Bradford National Bank (In Re Nutting)United States Bankruptcy Court, D. Vermont · 1984
- Wolinsky v. Bradford National Bank (In Re McQueen)United States Bankruptcy Court, D. Vermont · 1983
- Wolinsky v. Bradford National BankDistrict Court, D. Vermont · 1983
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