Brown v. Clinton

Supreme Court of New Hampshire

Brown v. Clinton

41 A. 286, 69 N.H. 227

DecidedDecember 5, 1897

StatusPublished

This text of 41 A. 286 (Brown v. Clinton) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Clinton, 41 A. 286, 69 N.H. 227 (N.H. 1897).

Pincite

Opinion

Pike, J.

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.

Exception overruled.

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

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Pike, J.

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.

Exception overruled.

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

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Bluebook (online)

41 A. 286, 69 N.H. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-clinton-nh-1897.