41 Iowa 251 | Iowa | 1875
II. It is next insisted that the lands were conveyed to the purchaser under the administrator’s sale, to be held in trust for plaintiffs. There is an entire absence of evidence to support this claim — certainly an entire absence of written evidence, which is demanded by the law, as it is an express trust which is attempted to be supported.
IY. It is claimed that no payment for the lands was made under the administrator’s sale. This position is certainly not sustained by the record. It very clearly appears that the administrator was charged with the amount for which the lands were sold, and that plaintiffs received, in the distribution of the money remaining after payment of the debts of the estate, a part of the proceeds of the sale of the land.
Affirmed.