Massachusetts Supreme Judicial Court May 19, 1899 (Thompson v. King)

Knowlton, J.

This is a suit on seire facias brought against a person summoned as trustee. In such a case the trustee may answer and prove any matter that may be necessary and proper for his defence, notwithstanding' that he was charged in the action on which he was originally summoned. Pub. Sts. c. 183, § 53. Fay v. Sears, 111 Mass. 154. Varian v. New England Accident Association, 156 Mass. 1.