Lusk v. Langham

Judgment reversed, and new trial granted before another referee, with costs to appellant to abide event, unless the plaintiffs shall, within 10 days, stipulate to reduce the amount of the fund by the amount of the debts owing by Chares Lusk, the husband of the grantor named in the deed in question, but not to exceed the amount paid therefor by John D. Lang-ham, in which event the judgment is modified accordingly, and, as so modified, is affirmed, without costs of this appeal to either party. Held, that the referee improperly struck out the evidence relating to such debts, and that the same, to the extent above indicated, should have been allowed by him against the funds in the bands of the defendant. Settle order before Mr. Justice Robson, on two days’ notice.