Currier v. Woodward
Supreme Court of New Hampshire
Petition, to determine the question of the defendant’s homestead right in a house and land in Nashua, under Gen. Laws, c. ,138, s. 20. Facts found by the court. In June, 1881, the plaintiff, having an execution against the defendant's husband, proceeded to levy it upon his right in equity to redeem'the premises from a mortgage. He applied to the officer having the execution to assign a homestead in the premises to his wife.
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Petition, to determine the question of the defendant’s homestead right in a house and land in Nashua, under Gen. Laws, c. ,138, s. 20. Facts found by the court. In June, 1881, the plaintiff, having an execution against the defendant's husband, proceeded to levy it upon his right in equity to redeem'the premises from a mortgage. He applied to the officer having the execution to assign a homestead in the premises to his wife. The plaintiff denied the right of homestead, and returned the execution July 30, 1881. The declaration in this case was filed October 7, 1881. The defendant’s husband died…
1Opinion of the CourtClank, J.
“ The wife, widow, and children of every person who is owner of a homestead, or of any interest therein, occupied by himself or herself and his or her family, shall be entitled to so much of said homestead or interest as shall not exceed in value five hundred dollars, as against the creditors, grantees, and heirs of such person, for and during the life of such wife or widow and the minority of such children.” G. L., e. 138, s. 1. In Hoitt v. Webb, 36 N. H. 158, 166, it was held that “ homestead means the home place — the place where the home is. It is the home, the house and adjoining land,…
2Cases cited3 opinions
- True v. Estate of MorrillSupreme Court of Vermont · 1856
- Spaulding v. CraneSupreme Court of Vermont · 1873
- Bugbee v. BemisSupreme Court of Vermont · 1877
3Cited by13 opinions
- Stewart v. BaderSupreme Court of New Hampshire · 2006
- In Re EckolsUnited States Bankruptcy Court, D. New Hampshire · 1986
- Beland v. GossSupreme Court of New Hampshire · 1894
- In Re MirullaUnited States Bankruptcy Court, D. New Hampshire · 1994
- In Re MarsicoUnited States Bankruptcy Court, D. New Hampshire · 2002
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