The affidavit charging the petitioner with being a fraudulent debtor did not, we think, contain any legal evidence of the existence in point of fact of any debt whatever.

The statement on that subject was nothing more than a recital of the claim made by the action and was not an affirmative allegation or averment that there was any such .debt as was claimed.

There was consequently no basis for the order on which ¿he petitioner is held, and he must be discharged.