Bigelow Blue Stone Co. v. Magee

The Chancellor.

The bill sets forth the recovery by the complainants of a judgment against Magee, for their debt, the issuing of an execution thereon, and the return thereof, nulla bona aut tenementa. The object of the suit is to reach real estate, the legal title whereto is and was, when the judgment was recovered, in another of the defendants, by whom, as the complainants allege, it was and is held in trust for Magee in fraud of his creditors.

The question presented under the demurrer is, whether it is necessary, in order to maintain the suit, to allege, and therefore to prove, a levy on the…