93 Mass. 37 | Mass. | 1865
The single point of inquiry in this case is, whether the plaintiff had acquired a homestead estate in the premises before the debt to the defendant was contracted upon which the judgment was recdvered and the execution issued by virtue of which this levy was made. This debt was contracted July 20th 1861, before which period the plaintiff had made a declaration in writing of his intention to hold the premises as a homestead, and the same bad been duly recorded. The further inquiry is, whether that declaration was effective. On the part of the defendant it is denied that the plaintiff at the time of malting the declaration held such a relation to the premises as entitled him to make an effective declaration. To do so, he must have been a householder having a family, and the premises must have been occupied by him as a residence. But he