Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
Aroostook County.

American Agricultural Chemical Com
pany VS.. Thomas G. Huntington and
Arvilla F. Huntington. Rescript
Wiswell, c. J.
A general attachment of all of de-
PENDANTS real estate and interest in
real estate, in certain county. made
more than four months before the fill
ing Of petition in bankruptcy by OF
against the defendant, in an action
wherein the cause of action is provable
in bankruptcy, is sufficient to entitle
the plaintiff to a special judgment
against the property claimed to have
been attached, where the defendant had
the title to certain real estate after the
debt sued was contracted, which had
been conveyed prior to the commence
ment of the suit, but which conveyance
is claimed by the plaintiff to have been
made in fraud of creditors and there
fore void as to him a creditor at the
time.
If the real estate which the defend
ant owned prior to the attachment, was
conveyed by her for the purpose of de-
frauding her creditors, such conveyance
was void as to this plaintiff. creditor
at the time of the conveyance. If void,
as to creditors, it was a nullity and
should be entirely disregarded in these
proceedings. That question we do not
and cannot now decide. After the
plaintiff has judgment against the
property claimed to have been attached
has taken out execution. and levied
upon this property the question as to
whether or not the conveyance was
fraudulent, and as to whether or not 1t
was in fact the property of the Defend
ant at the time of the attachment. can
then be raised and decided in appropri-
ate proceedings, in which all persons
interested may be, and necessarily must
be. made parties.
AS matter of practice, inasmuch as
the record does not showswhat real es-
tate is claimed to have been covered by
the attachment, the plaintiff should
make a written motion for the judg-
ment desired. particularly describing
the property against which such judg-
| ment is desired. and which. 1t 10
claimed, is covered by the attachment
because conveyed in fraud Of creditors
supported by the affidavit of the plain
tiff or his attorney that it is believed
! that such property was fraudulentiy
conveyed and was covered by the at
tachment.
Case remanded to nisi prius for fur
Their proceedings in accordance with
| the opinion.
Reed Dec. 18th. 1904.
Charles F. Curtis. Collector. VS..
| Androscoggin Lodge I. o. O. F. Re-
script by Wiswell. c. J.
The real estate Of a benevolent and
charitable institution incorporated by
the State, consisting Of building, and
the land upon which it sits. designed
for use by it for its own purposes and
a substantial use Of all OF which y
made by the institution for its own
purposes in good faith, is exempt from
taxation under r. s. c. 9. sec. 6. para
graph II. Notwithstanding the occu-
patton by the institution may not be
exclusive, and the owner may some
times allow other associations and in
dividuals to use some portions Of the
property for a rental, when 1t can be
done without interfering with the use
of the same bys the owner for its own
purposes.
The occupation contemplated by the
statute must undoubtedly be an actual
occupation, and something more is re-
ouirsd than that which fesults merely
IRON ownership and possession on the