49 Iowa 289 | Iowa | 1878
The question of fact in the case is, whether Walker, as trustee, employed the plaintiff to perform the service which he did perform in protecting the title to the lands for the benefit of the parties in interest. Upon this question there is a direct conflict in the evidence.
J. K. Graves testifies to facts which, in our judgment, show conclusively that Walker, before and after the execution of the
This being the state of the proof we cannot interfere with the finding of fact by the court below. It must stand as the .verdict of a jury.
We can see no good reason for such a claim. This is an adjudication directing the appropriation of sufficient of the trust estate to pay the claim of the plaintiff, and we think the court properly directed execution to run against the lands held in trust upon which the attachment had been levied.
Affirmed.