Walker v. Darst

Morrill, O. J.

—The petition in this case alleges that defendant, Darst, on the 31st January, 1860, executed his note payable to plaintiff, in his capacity of guardian of the minor children of J amesWalker, deceased, for the sum of $1,120 32, *682payable 1st July, 1860; that a judgment was obtained on this note, and that executions issued thereon had been returned not satisfied, and no property found; and that the defendant in the executions referred to pointed out property; that defendant has no property known to plaintiff, except certain town lots claimed by him as, his homestead, which are…