The lost papers when last seen were in the hands of the plaintiff’s attorney, but the uncontradicted affidavits filed in support of the plaintiff’s motion show that the papers were lost without the fault of the attorney, and without the fault of the plaintiff, or any one representing him. Such being the fact, we are of the opinion that the court, under the authority of Loomis v. McKenzie, 48 Iowa, 416, should have sustained the motion.

Reversed.