Gerrish v. Hill

Supreme Court of New Hampshire

Gerrish v. Hill

19 A. 1001, 66 N.H. 171

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1889

StatusPublished

Cited by7 cases

This text of 19 A. 1001 (Gerrish v. Hill) 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

Gerrish v. Hill, 19 A. 1001, 66 N.H. 171 (N.H. 1889).

Pincite

Opinion

Clark, J.

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.

Homestead denied in the Enfield farm.

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

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Clark, J.

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.

Homestead denied in the Enfield farm.

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

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19 A. 1001, 66 N.H. 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerrish-v-hill-nh-1889.

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