Deed and Declaration op Trust as Single Transaction—Construction.—A grant, bargain, and sale-deed o£ land, and a declaration of trust executed four days thereafter by the parties thereto subjecting said deed to the provisions of the trust agreement, should be considered as parts of a single transaction and so construed.

Id.—Trust-Deed to Secure Indebtedness—Power to Sell, Manage, Exchange, and Partition—Mortgage.—A deed of trust of land executed for the sole purpose of securing an indebtedness of the grantor, with interest, expenses of protecting the property and compensation of the trustee, and empowering the trustee to sell the property in order to obtain money for the payment of the indebtedness, and purporting to empower the trustee to “manage” the same, and to “exchange,” or “partition” it, is not a mortgage, and is valid as a trust-deed, under subdivision 1 of section 857 of the Civil Code.

Id.—Limitation on Power op Management.—The power to “manage” the property conferred by such deed must be construed as intending only such control of the property as is proper in the lawful execution of the trust created as security for the indebtedness.

Id.—Power to Exchange and Partition.—Admitting that the conveyance in trust is invalid in so far as it purports to authorize the trustee to “exchange” or "partition” the property, such invalidity .would not affect the valid provisions for the conversion of the trust property so far as necessary into money wherewith to discharge the indebtedness secured thereby, which was the main purpose of the grantor.

Id.—After-Acquired Title Inures to Benefit op Grantee.—Where the deed executed by the grantor contained the usual words of grant, bargain, and sale, and described the land conveyed “as all that certain tract of land” (particularly describing it), without any reservation, or any words in any way limiting the interest conveyed, or tending to show an intent to make a quitclaim deed only, any interest in the land afterwards acquired by the grantor inures to the benefit of the grantee, and is held by him subject to the trust agreement. This result follows, although at the time of the execution of the deed and trust agreement, the grantor had only a certain undivided interest in the land, and the trust agreement contained a recital of the execution of the deed whereby she had conveyed all her right, title, and interest in the property.

Id.—Appeal prom Order Denying New Trial—Pleadings—Findings. —¡No question of the sufficiency of the pleadings, or of the findings to support the judgment, is involved in or can he considered on an appeal from an order denying a new trial.