Leitch v. May

Simmons, Chief Justice.

Executions in favor of Leitch & Stubbs against Austin & Boylston and others, based on judgments of March 27, 1893, were on February 12, 1894, levied on certain realty as the property of Austin, one of the defendants in execution. The property was claimed by Mrs. May. The issues of law and fact were by agreement submitted to the judge below without a jury, and he held that the property was not subject; to which ruling the plaintiffs excepted.

The cause was submitted upon evidence to the following effect: On March 15, 1888, Austin, who was then owner in fee simple of the…