McNally v. Mulherin & Co.

Blandford, Justice.

McNally applied for an exemption of certain personal property, and amended his application by putting in some real estate. The defendants in error, who were creditors of McNally, appeared and objected to his taking the homestead upon the ground of fraud; and upon that issue the parties went to a jury, on appeal in the superior court.

It was shown by the evidence that shortly before Mc-Nally applied for this exemption, he had possessed himself of the sum of about eight or nine hundred dollars in money; and they contended that he must account for it, that he must either…