Wylie

This is an action in the nature of replevin to recover from the defendant bank two deeds alleged to have been deposited in escrow with it to be delivered to the plaintiff at such time as the bank should receive from plaintiff ■ deeds executed by him conveying severally to the grantors in the deeds so deposited with the bank tracts of land described in the complaint.

The complaint alleges that plaintiff deposited with defendant the deeds, duly executed and acknowledged by him, his demand for the deeds deposited in escrow, the refusal of the bank to deliver them, and prays judgment enforcing their delivery.

The defendant answered denying the allegations of the complaint upon information and belief, and filed a cross-complaint making the plaintiff and the grantors, and their wives, in the deeds deposited in escrow with it, eross-deibndants, disclaiming any interest in the controversy or knowledge of the rights of the several parties, tendering all documents into court, and asking that it be dismissed and that the parties to the deeds be required to set forth and litigate their controversies between themselves.

To this cross-complaint the plaintiff made no answer, but the…