Joseph McKenna

“ If the parties do not agree upon such statement of facts, or if the judge do not approve or sign it, the parties may submit their respective statements to the judge, who shall from his own knowledge, with the aid of such statements, during the term, make out and sign and file with the clerk, a correct statement of the facts proven on the trial, and such statement shall constitute a part of the record. ”

“ A bill of exceptions was submitted by the appellant on the 1st of December, 1892, and settled and allowed on the 15th of said month by the judge who presided at the trial, after objections made by appellee were heard and considered. ”

“ The appellant claims to own the claims by virtue of an attachment, judgment, execution sale thereunder, and a constable's deed in the case of Adolph Cohn against A. J. Mehan. Cohn was plaintiff in the action, and the purchaser at the sale, and at that time, and long prior thereto, had full notice and knowledge of her equities, and notice and knowledge that Mehan had given no value for his conveyance. ”