Wiggin v. Buzzell

Section 33 of c. 1, Laws of 1868, gives a homestead right to “ wife, widow, and children,” hut not to the husband or father. A divorce obtained by a wife bars her homestead right in her husband’s property, unless such right is reserved by the decree of divorce. Under Laws of 1868, c. 1, s. 33, children have not a homestead right in a homestead owned by their father, and occupied by him, but not occupied by his wife or his or her family.

Writ op Entry. Pacts agreed. The plaintiff was formerly the wife of the defendant. The defendant owning an equity of redemption of a farm on which he lived with the plaintiff and their minor children, in 1875 the plaintiff obtained a judgment divorcing her from him, and giving her the custody of the children and $700 alimony. Since the divorce, the defendant has continued to live on the farm, but the plaintiff and the children have not occupied it nor had a home there. The defendant’s equity of redemption was taken on the plaintiff’s execution for her alimony, and sold to her for $500. The defendant’s request for an assignment of homestead (which he claimed for himself and the children) was not complied with by the officer levying the execution. cited Lieman v. Lieman, 34 Texas 522; Brandon v. Brandon, 14 Am. L. Reg. 449 ; Vanzant v. Vanzant, 23 111. 536 ; Allen v. Manasse, 4 Ala. (N. S.) 554; Abercrombie v. Alderson, 9 Ala. (N. S.) 981. cited Atkinson v. Atkinson, 37 N. H. 436 ; S. C., 40 N. H. 249; Gunnison v. Twitchel, 38 N. H. 68; Fogg v. Fogg, 40 N. H. 282 ; Meader v. Place, 43 N. H. 307 ; Locke v. Rowell, 47 N. H. 46 ; Tucker v. Kenmiston, 47 N. H. 267 ; Wood v. Lord, 51 N. H. 448 ; Currier v. Sutherland, 54 N. H. 485.