Hinrichsen

This is an action brought by the plaintiff to compel the transfer to him, on the boobs of defendant corporation, of 160 shares of its capital stock. The defendant Farnsworth filed with his answer a cross-complaint, alleging that the plaintiff converted the stock to his use, to Farnsworth’s damage in the sum of $4,800. Judgment was entered in favor of the plaintiff, and Farnsworth appeals therefrom.

On the first day of June, 1910, L. F. Farnsworth and R. H. Benton executed to A. A. Cox their note in the sum of $12,600, due on or before January 1, 1916, secured by a trust deed of that date conveying to the trustee certain ' described real property in the county of Imperial, together with said 160 shares of capital stock of Imperial Water Company No. 1. It was provided therein that upon default in payment of the debt the trustee ‘ ‘ shall sell the above granted premises, or such part thereof as in his discretion he shall find it necessary to sell,” in the manner described in the deed, namely: by first publishing notice of the time and place of such sale, with a description of the property to be sold, at least once a week for four weeks in some newspaper published in said county of…