Whiteman v. Field
Supreme Court of Vermont
This case was heard at the September Term, 1879. Powers, Chancellor, decreed that the defendant C. C. Field was entitled to a homestead. Petition to foreclose a mortgage. It was served on the defendants the 20th day of March, 1878. The mortgage was executed on the 23d day of September, 1868. The premises were situated in Essex.
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This case was heard at the September Term, 1879. Powers, Chancellor, decreed that the defendant C. C. Field was entitled to a homestead. Petition to foreclose a mortgage. It was served on the defendants the 20th day of March, 1878. The mortgage was executed on the 23d day of September, 1868. The premises were situated in Essex. The defendant C. C. Field, claiming the homestead, resided, after the mortgage was given, in several different towns, and at Montpelier, after the spring of 1875. On the 11th day of April, 1878, the said C. C. Field filed his petition in the court, claiming a homestead…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The only question to be considered is. whether the defendant, C. C. Field, had a homestead in the premises described in the petition at the time of the execution of the mortgage sought to be foreclosed, and whether he can now assert his right to such homestead.
Where a homestead is claimed, it is incumbent upon the claimant to show that the premises have been used or kept by him as a homestead. It has been held under the statute of 1849, which required that the premises should be occupied as a homestead, in True v. Morrill, 28 Vt. 672; Mills v.…
2Cases cited8 opinions
- McClary v. BixbySupreme Court of Vermont · 1863
- West River Bank v. GaleSupreme Court of Vermont · 1869
- Davis v. AndrewsSupreme Court of Vermont · 1858
- Howe v. AdamsSupreme Court of Vermont · 1856
- True v. Estate of MorrillSupreme Court of Vermont · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re BrentUnited States Bankruptcy Court, D. Vermont · 1987
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Estate of Girard v. LairdSupreme Court of Vermont · 1993
- In Re EvansUnited States Bankruptcy Court, D. Vermont · 1985
- Thorp v. ThorpSupreme Court of Vermont · 1897
14 more not listed; retrieve them via the Exa API.