Writ oe entry, dated May 15, 1885, by the administrator of the estate of Joseph G. Horton, to recover a parcel of land in Rehoboth. Plea, nul disseisin. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows:

The demandant showed title to the demanded premises in said Joseph G. Horton from his brother, Levi Horton, by a will admitted to probate on March 6, 1860; his own appointment as administrator of the estate of Joseph G. Horton on November 7, 1884; a license issued to him by the Probate Court, authorizing him to sell the whole of the real estate of Joseph G. Horton for the payment of his debts and the charges of administration, dated May 5,1885; and a formal entry made by the demandant, as administrator of Joseph G. Horton, on the demanded premises, before bringing this action.

The tenant, who was the son of Joseph G. Horton, put in evidence a deed of the demanded premises from Joseph G. Horton to the tenant, dated August 20, 1878, which contained full covenants of warranty.

The demandant offered evidence tending to show that Joseph G. Horton continued to occupy and improve the demanded premises from shortly after the probate of the will of Levi Horton until his death, on August 11, 1883, and, after the deed given by him to the tenant, in the same manner as before, as a homestead ; that, at the date of said deed, Joseph G. Horton owed the demandant and divers other persons, who had, before the date of the deed, pressed him for payment, and he had failed to make payment; that when so pressed, before said deed was given, upon the premises demanded, he informed the various creditors that he had not the money to pay with, but that there was ample property there to pay all debts; that if he did not pay them, his son, the tenant, would see that they were paid.

The demandant offered the evidence of William W. Cowing and Levi L. Cummings, to the effect that they called together upon Joseph G. Horton, at his homestead, shortly after the deed was given by him to the tenant, and, on the premises, demanded payment of certain debts due them respectively, for the payment of which they had also called before the date of said deed; and that Joseph G. then told them that he had property enough there to pay all his debts, that he gave the deed to the tenant to prevent his creditors from turning him out of doors, that he could not pay them, but his son would pay all these bills, and that they could go up and see him. This evidence the judge excluded, the demandant excepting.

The demandant piit in evidence, without objection, that said Cowing and Cummings went directly from the premises of Joseph G. Horton to the residence of the tenant, and there asked him to pay their bills against Joseph G.; that the tenant replied: “ If I owe you anything, I will pay you, but I shall not see the old man turned out of doors. If there is anything left after the old man gets through, we will divide.”

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