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66 N.H. 171

19 A 1001

Gerrish v. Hill

Supreme Court of New Hampshire

Decided December 5, 1889

Supreme Court of New Hampshire · decided 1889-12-05

Homestead Claim. Facts found by the court. October 22, 1888, the plaintiff commenced the levy of an execution against the defendants upon a farm in Enfield, in which the defendants now claim a homestead. September 8,1888, the defendants exchanged this Enfield farm with one Colby, for a small farm in Franklin, and gave him a warranty deed of it.

Relies on Horn v. Tufts · Currier v. Woodward

Good law ✅— No negative treatment on recordhow we know

Decided 1889-12-05

How this case has been cited

Cited by 7 later decisions — most recently April 2022

1 district · 2 state decisions

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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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Clark, J.

¶1 The defendants’ homestead right in the Enfield farm was extinguished by the conveyance of their interest in it and by their removal from it. G. L., e. 138, s. 1; Currier v. Woodward, 62 N. H. 63. Whether they bad actually moved when the levy was commenced, and whether the value of the farm was more than $500 above the mortgage, is immaterial. The validity of their claim depends upon the existence of the homestead right at the time of the demand. As they had neither title nor possession when the demand was made, their application for a homestead was properly denied. Besides, the fact appears that the defendants were actually living upon, and had, a homestead in their farm in Franklin when they made the demand for a homestead in Enfield. The law exempts but one liomestead at tbc same time. Horn v. Tufts, 39 N. H. 478.

¶2 Homestead denied in the Enfield farm.

Bingham, J., did not sit: the others concurred.
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