Sharp

This action was brought by the plaintiff against the defendant for the purpose of having it adjudged that the estate and interest of the defendant in and to a certain section of land containing about 635 acres, situate in the county of Kings, state of California, was held by the defendant in trust for the plaintiff, and as security for the repayment of moneys owing by the plaintiff to the defendant, if any, and for an accounting ■ of the rents, issues, and profits arising from said real property. The plaintiff .acquired title to the' lands in controversy from the state of California during the year 1911, and asserts that his ownership thereof continued down to and including the entire period involved in this action.

The defendant asserts in his answer that he is the owner in fee of said lands, claiming to have acquired title thereto by a constable’s deed, made by a constable on September 14, 1916, under a sale of the land theretofore had under execution. The defendant also further claims to have acquired title to the lands involved by reason of a certain quitclaim deed made and delivered to him by the plaintiff on or about the twenty-fourth day of October, 1916. On the part of…