Fernandez

This action comes to this court upon an order of transfer from the supreme court. The plaintiff’s complaint alleges substantially that she was the owner of thirty-six shares of the capital stock of the Watsonville Realty Company (a corporation), which, upon March 24, 1905, and ever since were held in trust for her by the defendant, James Alva Watt, an attorney at law. Watt, at the time of the commencement of the action, so the complaint alleged, claimed the right to hold the stock in controversy as security for the payment of an indebtedness due him for professional services alleged to have been rendered to the plaintiff. The plaintiff prayed for an accounting of the dividends, paid on the stock in controversy, and alleged to have been retained by the defendant, Watt, and for a judgment directing the delivery of the stock to her by the defendant “upon the payment to him of such sum of money as may be determined by the court . . . to be due and payable” to him. The defendant Watt, in his answer and cross-complaint, admitted his possession of the stock, and admitted the plaintiff’s title thereto, but alleged a prior agreement with the plaintiff whereby he was employed as her…