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69 N.H. 227

41 A 286

Brown v. Clinton

Supreme Court of New Hampshire

Decided December 5, 1897

Supreme Court of New Hampshire · decided 1897-12-05

Petition, under P. S., c. 138, s. 14, for the determination of the question of the existence of a homestead right. Facts found by the court. The premises in which the right is claimed do not exceed $500 in value, and when attached were owned and occupied by the defendant. After the attachment they were conveyed to one Sanders, who gave a mortgage back, conditioned to support and maintain the defendant and one Banger during their joint lives and the life of the survivor.

Relies on Gunnison v. Twitchel · Foss v. Strachn · Tidd v. Quinn

Decided 1897-12-05

Pike, J.

¶1 By the attachment the plaintiff obtained a lien upon all the interest of the defendant in the premises except her homestead right. Bennett v. Cutler, 44 N. H. 69, 71. This right, being inchoate because the homestead was not set off', did not pass to Sanders by the defendant’s conveyance to him, but was waived or released thereby and ceased to exist. P. S., c. 138, s. 4; Gunnison v. Twitchell, 38 N. H. 62, 67; Foss v. Strachn, 42 N. H. 40, 42; Tidd v. Quinn, 52 N. H. 341, 344.

¶2 Exception overruled.

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