Rogers v. Ashland Savings Bank
Supreme Court of New Hampshire
Declaration (upon Gen. Laws, c. 138, s. 20) of the grounds of the defendants’ denial of a homestead right claimed by the plaintiff. Trial by the court. The plaintiff and her husband (who is the execution debtor) occupy a leased tenement. They own no real estate except the premises in question, upon which there is no building, and which are situated at some distance from their hired house. The court found the plaintiff entitled to a homestead if under the law she can be.
1Opinion of the CourtDoe, C. J.
The question is of the legal possibility of a homestead right in the' land under any circumstances consistent with those stated in the reserved case. The exemption may attach in cases in which the debtor “ is owner of a homestead, or of any interest therein.” G. L., c. 138,. s. 1. If the plaintiff’s husband, owning and occupying the house and an adjoining garden, had sold the house and the land under it, but had continued to own and occupy the garden, and as a lessee had remained in the house, the garden might continue to be a part of the place of his home; and adjacency is not a requisite of…
2Cited by2 opinions
- Libbey v. DavisSupreme Court of New Hampshire · 1895
- Avery v. DavisSupreme Court of New Hampshire · 1925