59 N.H. 41
Supreme Court of New Hampshire
Decided June 5, 1879
Supreme Court of New Hampshire · decided 1879-06-05
Writ op Entry. Facts agreed. September 2, 1869, William F. Chapman, one of the defendants, being the owner of the demanded premises, conveyed them to his daughter, who at the same time, and as part of the same transaction, conveyed them to the other defendant, Fanny J. Chapman, who was then and is now the wife of said William F. Chapman. The conveyances were without consideration.
Relies on Vogt v. Ticknor
Decided 1879-06-05
¶1 The plaintiff has a valid title, unless the land levied upon is held by the wife to her sole and separate Lise. It cannot be so held, because she acquired her title by gift from her husband. Gen. St., c. 164, s. 1; Voght v. Ticknor, 48 N. H. 242. By the common law, William F. Chapman has a life estate as tenant by the curtesy in the lands of his wife, and his interest may be taken on execution.
¶2 Judgment for the plaintiff.