The question whether trustee or not can only be determined upon the sworn answers of the persons summoned to the interrogatories. The rights of others, not parties to this suit, are involved in the question. A practice of this sort may lead to collusion and fraud. We cannot receive the statement of facts, bul from the trustees under oath, (a)
[Vide Stackpole vs. Newman and Trustee, post, 85, and note. — Fd.]