Hanscome-James-Winship

This is an action by the plaintiff, as a judgment creditor of the defendant D. N. Ainger, to secure a decree setting aside a deed from the said D. N. Ainger to his wife, Mary Ainger, on the ground that said conveyance was fraudulent as to the plaintiff.

Judgment passed for the plaintiff and the defendants appeal therefrom.

In their brief counsel for the plaintiff state that “the facts of the case are substantially as set forth in appellants’ brief.” In view of this statement, in setting out the facts herein we will appropriate in part the statement thereof in the opening brief of the appellants:

After setting forth the fact of the indebtedness of D. N. Ainger to plaintiff in the sum of $3,000, the bringing of an action by plaintiff to recover said sum and accrued interest from said Ainger, the securing of judgment by plaintiff against said Ainger for said principal debt and interest, the issuance of a writ of execution on said judgment, the placing of said writ in the hands of the sheriff, and the return of that officer of said execution wholly unsatisfied, the complaint avers, in paragraph 4 thereof:

The findings are general and follow the averments of the complaint.

The…