39 A. 257 | N.H. | 1895
Limited to its facts, the case presents but the single inquiry whether the fraudulent grantee of a homestead can maintain trespass quare clausum, against a creditor of the grantor who has subsequently taken a part of it on execution. This inquiry is decisively answered by Currier v. Sutherland,
While the decision in Currier v. Sutherland is doubtless not in accord with the majority of decisions in other jurisdictions (Thomp. H. Ex., ss. 408-413; Bump Fr. Conv. (2d ed.) 242), it is nevertheless supported by a strong minority of them, as well as by its own "forcible reasoning" (Thomp. H. Ex., s. 417), against which, in our opinion, no satisfactory objection has as yet been urged.
Verdict set aside; judgment for the plaintiffs for $15 and interest.
CHASE, J., did not sit: the others concurred.