Lencioni

This appeal is by Minnie Helene Setchel from a judgment of nonsuit against her upon her cross-complaint. The case requires a somewhat extended statement of facts.

The action was originally commenced by B. Lencioni and after his death the administratrix of his estate was substituted in his place and stead. The Fidelity Trust & Savings Bank of Fresno was made defendant and it was alleged that on Match 10, 1921, one W. Flanders Setehel and said defendant entered into an agreement in writing, a copy of which agreement was attached to the complaint. The agreement was a mortgage of the crop to be grown during the year 1921 upon certain real property in the county of Fresno, state of California, known and hereinafter referred to as the “Carmelita Vineyard,” for the purpose of securing a note for $100,000 given by said W. Flanders Setehel, and also “to secure the repayment of all advances made by any corporation, individual or party or their assigns to the mortgagor, not exceeding for such advances the sum of $30,000.” In connection with this mortgage, the Fidelity Trust & 'Savings Bank executed a declaration of trust, wherein were recited the facts with reference to the said mortgage,…