“This was a bill in equity brought by the plaintiff Bean, against Simon Smith, Ziba Smith, Ahab Smith, Simon Smith, jr. Esther Stone, William Foster, and Elizabeth Foster, wherein he claimed to be paid, out of certain lands in the possession of the respondents, a debt due to him from Simon Smith, one of the said respondents. The facts which came out in the bill and answers, were as follows: On the 22d day of December, 1808, the plaintiff was the holder of bills of the late Farmers’ Exchange Bank to a large amount; for the payment of these bills William Colwell, the cashier of the said bank, drew two bills of exchange upon one Andrew Dexter, jr, in favour of the respondent Smith, one for the sum of $3,063, and the other $1,500. These bills were indorsed in blank by Smith, one of the respondents, and by one John Harris, and were received by the plaintiff in payment of the bank bills, which he held against the said bank as before mentioned. The said Smith and Harris were at the time directors and large stock­holders in said bank. These bills of exchange were afterwards protested for non-acceptance and non-payment, and the endorsers Smith and Harris duly notified thereof. In March, 1809, two actions were commenced on these bills against Smith, and at the March term of the Supreme Court of the state of Rhode Island judgment was recovered in these suits against Smith for the sum of $5,052, 37, debts and costs, and executions issued thereon, upon one of which he was committed to jail in May, 1810, and upon the other in September following. In the month of May, 1813, Smith took the poor prisoner’s oath; gave his notes for the debt and costs, payable in two years, with interest, and was thereupon discharged from prison.”