Lobingier

The complaint in this action denominates it. “an action to quiet title,’’ but it is clear from the facts alleged in the complaint and in the answer and cross-complaint of the appellant Skinner, and from the facts found by the court, which facts were supported hv the evidence, that it is nothing more or less than an action to foreclose a mortgage. The legal title to the property in question was vested in the plaintiff by a deed to him dated June 26, 1914, and was made to him for the purpose of securing the payment of certain moneys to the American National Bank of Pomona, which bank had provided the funds to secure this conveyance to plaintiff at the request of Jennie Atkins Carette. She became the equitable owner of the property by virtue of this deed, the title to which was vested in the plaintiff as trustee for her, and title to the same was held by such trustee merely to secure the payment of the funds advanced by the American National Bank of Pomona, the said plaintiff being an officer of that bank. At the time the conveyance was made to plaintiff he executed to Mrs. Carette what was termed a “contract of sale,” agreeing to sell the property conveyed to him to Jennie Atkins…