Lambert v. Mallett

The appellee filed the bill, to restrain the appellant from enforcing an execution de bonis propriis upon a judgment which he had recovered against him as the administrator of the estates of Ezra and Simeon Deming. The ground for equitable interference was alleged to be, that the judgment was recovered in 1860, when the estates were solvent. They had become insolvent through the vicissitudes of the late war, and were so declared by the probate court in July, 1867. Although executions had before that time been issued on the judgment, none had been returned “No property.” But, in August, 1870,…