¶1By the attachment, the plaintiffs obtained a lien on all the debtor’s interest in the premises, except the right of homestead, and any subsequent purchaser would take subject to that lien. The debtor and his wife then had, free from this lien, only the right*of homestead, but, the homestead not having been, set out, that right was not assignable. Gunnison v. Twitchell, 38 N. H. 62. As against the defendants, therefore, the plaintiffs, by virtue of the levy and execution sale, are entitled to redeem by paying the amount due upon the mortgage, and costs,' except those accruing from the filing of the answers until now, wdiich should be paid by the defendants.. A master should be appointed to ascertain the amount due upon the mortgage, and to tax the costs according to these views.
44 N.H. 69
Bennett v. Cutler
Supreme Court of New Hampshire
Decided July 1, 1860
Supreme Court of New Hampshire · decided 1860-07-01
In Equity. Tbe bill is brought to redeem certain mortgaged real estate. Answers and a replication having been filed, the parties agree upon the following statement: “In the fall of 1849, Henry D. Cutler, then of Colebrook, N. H., was seized and possessed, in his own right in fee, of the premises described in the plaintiff’s bill. The same fall he erected buildings thereon, and finished off the first story of it as a store, and the remainder as a .dwelling-house.
Cited by 3 later decisions — most recently December 1897
3 state decisions
Relies on Gunnison v. Twitchel
Good law ✅— No negative treatment on recordhow we know
Decided 1860-07-01
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