
    FETCH, Respondent, v. BARTELL, Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    November 25, 1908.)
    Action by Mary Fetch against Charles Bartell, impleaded with others.
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to appellant to abide event, upon questions of law and fact. Held, that the finding of the court that Charles Bar-tell was trustee for the plaintiff in the foreclosure and purchase of the property in question is not supported by the evidence, and that there is no sufficient evidence to sustain the finding that the defendant Charles Bartell was guilty of fraud, or was trustee ex maleficio.  