Price

(after stating the facts as above). The District Court in a well-considered opinion has carefully stated’ the issues end with considerable detail quoted from and analyzed the material evidence introduced upon the trial. Price v. Wallace, 224 Fed. 576 . There is, therefore, no necessity for us to restate the testimony at any length, and we shall not attempt to do so. The legal questions involved in the merits of the appeal are simple, and to the end that our review may go directly to the.points affecting the merits, we will dispose of the questions of practice submitted by appellee by formally overruling the objections to the assignment of errors and denying the motion to dismiss the appeal.

In very general language appellant assigned error because the Court denied the relief plaintiff prayed for. But in the brief hied by her counsel she states her position to be that a trust was constructed up - on foundations stated substantially as follows: (1) Smith’s agreement with the complainant after he expelled the husband and father, which agreement was modified when Smith engaged to marry the defendant; (2) upon a “correlative stipulation between Smith and the defendant”; (3) upon the…