Wilson v. Mills
Supreme Court of New Hampshire
Writ of Entry. A referee reported as follows : On the 15th day of October, 1856, James Whitfield, then the husband of the defendant, Fannie E. Mills, gave to David Wilson a note for $300, secured by mortgage on the premises described in the writ. After the delivery and record of the mortgage, the defendant signed it without witnesses or seal.
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Writ of Entry. A referee reported as follows : On the 15th day of October, 1856, James Whitfield, then the husband of the defendant, Fannie E. Mills, gave to David Wilson a note for $300, secured by mortgage on the premises described in the writ. After the delivery and record of the mortgage, the defendant signed it without witnesses or seal. David Wilson died April 5, 1872. The plaintiff is a son of David Wilson, and received the note in question at its face value on account of his distributive share, upon the settlement of his father’s estate. The plaintiff was requested by the defendant…
1Opinion of the CourtClark, J.
The defendant did not release her homestead by signing her husband’s mortgage, without witnesses or seal, after it was delivered and recorded. Under the act of 1851 no release or waiver of the homestead exemption was valid, “ unless made by deed executed by the husband and wife, with all the formalities required by law for the conveyance of real estate.” The defendant has a life estate in the premises set off to her as a homestead, as against the plaintiff’s mortgage. Dickinson v. McLane, 57 N. H. 31; Lake v. Page, 63 N. H. 318. The mortgage note was not signed by the defendant. It was…
2Cases cited3 opinions
- Lake v. PageSupreme Court of New Hampshire · 1885
- Farmington National Bank v. BuzzellSupreme Court of New Hampshire · 1880
- Dickinson v. McLaneSupreme Court of New Hampshire · 1876