by John Marshall Harlan

“ The company had no reason to suppose that the arrangement made with Hooper was in violation of any agreement or understanding that Balloch had with him at the time of the conveyance of February 25, 1880. The company, upon every principle of equity, is entitled to a lien upon such of the property embraced in the deed of trust to Smith as remained unsold, to secure the payment of the balance due for the sums advanced by it. After a careful scrutiny of the evidence, we find no ground for questioning the accuracy of the accounting below, or of the balance adjudged to be due the company. ”

“ It is certain that the company advanced the moneys which are charged in the accounting against the property; and it is equally certain that these moneys were, in fact, expended upon the property, or for the benefit of Balloch. Even if it were assumed that the company was bound to see that the moneys advanced under its agreement with Hooper were properly and reasonably expended, the evidence does not show that an extensive amount has been charged in its favor or in favor of Hooper against the property in question. ”

“ The contention that more was expended upon improvements than ought, in fairness, to have been expended, is not sustained by such proof as would justify a reversal of the decree, in whatever light the case is viewed. ”