Polk

The plaintiffs brought this action to restrain a sale by the sheriff of certain lands in satisfaction of a judgment against their grantor. Judgment was rendered in their favor, and the present appeal is by the defendants from an order denying their motion for a new trial, and is presented upon the ground that the evidence was insufficient to justify, certain findings of fact made by the court.

The land involved in the action consists of two parcels of about three hundred and twenty acres called the home place, and another tract of swamp land of about twenty-nine acres, all of which Thomas W. Polk, the father of the plaintiffs, conveyed to them on the 18th of June, 1891, making to each' a conveyance of an undivided one-half thereof for the expressed sum of five thousand dollars. The court found that the above conveyances by Polk were for a valuable consideration, and the appellants contend that, so far as the twenty-nine acre tract is concerned, this •finding is not sustained by the evidence. In the statement of the case upon which the motion for a new trial was heard, they ■do not specify the consideration for this parcel of land as one of the “particulars” in which the evidence…