Adams

The action was brought by plaintiff as executor on behalf of creditors of Thomas Prather, deceased, to have certain conveyances of real property made by him without consideration to defendant Samuel D. Prather declared fraudulent and void. . Judgment was entered as prayed for, declaring the conveyances and transfers of the property “fraudulent and void as against the creditors of Thomas Prather, deceased,” and authorizing plaintiff, upon obtaining an order so to do from the superior court sitting in probate, to sell so much of the property as might be necessary to pay said creditors “in the same manner as if the said Thomas Prather had died seised thereof.” By the decree “it is further ordered that the defendant, Samuel D. Prather, deliver to said plaintiff, as such executor, for the purposes aforesaid, all of said properties, real and personal, hereinbefore set forth and described, to be sold and applied in the manner aforesaid.”

On March 20, 1916, defendant Samuel D. Prather perfected an appeal from this judgment and, desiring to stay execution thereof, presented and filed a duly executed undertaking, the sole condition of which was that during his possession of the real estate…