ALLEN v. CHASE

Section 33 of c. 1, Laws of 1868, does not give to a wife a homestead right in land not occupied by her husband, or herself, or any of his or her family, and on which none of them have a home.

DOE, C. J.

The defendant is not entitled to a homestead. Austin v. Stanley, 46 N.H. 51; Wiggin v. Buzzell, 58 N.H. 329. In Locke v. Rowell, 47 N.H. 46, there had been an assignment to the plaintiff of a homestead, and her home continued to be there.

Judgment for the plaintiff.

FOSTER and ALLEN, JJ., did not sit.