Pierce v. Kusic

Decided October 15, 1883

Supreme Court of Vermont · decided 1883-10-15

Ejectment.' Trial by court, March Term, 1883, Washington County, Eedeield, J., presiding. Judgment for the defendant. It was agreed that the premises sued for are a dwelling-house and lot in the village of Nortlifield; that one Perry Marsh purchased them in 1869 ; that his family consisted of himself and his wife; and that they occupied the premises as a homestead until her decease in September, 1876.

Good law ✅— No negative treatment on recordhow we know

Decided 1883-10-15

How this case has been cited

Cited by 4 later decisions — most recently September 1981

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the court was delivered by

Rowell, J.

¶2The Homestead Act provides that “ the homestead of a housekeeper or head of a family, consisting of a dwelling-house, out-buildings, and the land used in connection therewith, not exceeding five hundred dollars in value, and used *420or kept by suck housekeeper or head of a family as a homestead, shall … be exempt from attachment and execution, except,” etc. R. L.-s. 1894.

¶3Perry Marsh was a housekeeper, and used the demanded premises as a homestead, which in character and value fulfilled all the requirements of the statute, and the case comes not within its exception.

¶4Therefore said premises were exempt from attachment and execution.

¶5• Let the judgment be affirmed.