McBride & Co. v. Beckwith

Crawford, Justice.

Plaintiffs in error recovered a judgment against defendant in error as trustee. A motion was made in the court below to set aside the judgment because of defective pleading. The motion was granted, and plaintiffs excepted.

The bill of exceptions recites, that “ respondents in-resisting the motion, showed that the trust estate was created as follows then follows a copy of the deed creating the trust estate. The judge, in certifying the bill of exceptions, states in his certificate that the deed was not tendered in evidence on the hearing in the court below, and with this…