Stephen Johnson Field

“ It is difficult to believe that a claim for property, estimated at the time to be worth $40,000, would have received recognition from one who, if the claim was fraudulent, knew it to be so. On the contrary, we should expect that it would meet with instant and indignant repudiation. But if we admit the statement of the complainants as to the alleged promise of Tracey to give his interest in the property of the land company to Mrs. Allen, and as to the execution of the two deeds,-the one in blank and the one to Withrow,-there is no case shown for the relief prayed by the bill. ”

“ In the partition by the decree of the circuit court of the United States of the interest conveyed to Withrow, 'lands, lots, notes, contracts, and mortgages' are specified as awarded and set apart to him. So far as the real property is concerned, no trust in relation to it could be established under the statute of frauds of Iowa in force when the deed of Tracey was signed, except by an instrument in writing executed in the same manner as a deed of conveyance. ”

“ The other eighth of the property recovered by me I hold subject to your order. I have understood from Mr. Ransom, and have inferred from your conversation with me, that before the commencement of this suit you intended to be liberal to Mrs. Allen in disposing of your share; and Mr. Allen, relying upon this, has requested me to convey the one-eighth interest which I hold for you to him. ”