Bill in Equity, for a homestead. Facts agreed. February 4, 1886, the plaintiff’s husband mortgaged the premises in question to the Farmington Savings Bank to secure his promissory note for $641.78, the plaintiff releasing dower and homestead. September 19, 1887, Smith executed a second mortgage of the premises to the defendant (in which the plaintiff did not join) to secure his promissory note for $1,000.
Good law ✅— No negative treatment on recordhow we know
Decided 1892-06-05
How this case has been cited
Cited by 5 later decisions — most recently June 2014
1 district · 4 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.
¶1
The plaintiff is entitled to a homestead of the value of $500 in the equity of redemption from the bank mortgage fG. L.,
c.
188, s. 1), and, her right is not affected by the second mortgage to which she was not a party. She is entitled, on redeeming the bank mortgage, to hold the whole estate until the defendant shall repay her the amount of that mortgage, when she will be entitled to have a homestead assigned, without contribution, from that part of the premises occupied as such.
Pollard
v. Noyes, 60 N. H, 184.
