Thompson v. Thompson
Supreme Judicial Court of Maine
This was a writ of entry on the seizin of the demandants, in which they claimed to recover a tract of land in Kennebunkport. The general issue was pleaded.
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This was a writ of entry on the seizin of the demandants, in which they claimed to recover a tract of land in Kennebunkport. The general issue was pleaded. To support their action the demandants read in evidence a bond given to the Judge of Probate for the County of York, signed by Phineas Ricker as guardian of the demandants and by Benjamin Thompson and Joshua Roberts as sureties, dated Oct. 2, 1820 — also a judgment on scire facias against the said Thompson and Joshua Roberts at the Sept. Term, 1838, of this Court, to revive a former judgment in favor of the Judge of Probate for said…
1Opinion of the Court
*248The opinion of the Court was delivered by
Tenney J.
This is a case where the demandants have obtained judgment in the name of the Judge of Probate, on a bond executed by their guardian, against the sureties thereon, one of whom was the grantor to the defendant of the land in controversy, and have made a levy of an execution issued on said judgment.
The demandants attempted to impeach the conveyance to the defendant as fraudulent against creditors, and the only question is on the correctness of the ruling of the Judge who presided in the trial, that the demandants were creditors at the time of…
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