Trust—Action to Compel Conveyance—Security for Indebtedness —Partial Interest of Plaintiff—Erroneous Dismissal.—In an action to compel a conveyance from a trustee who purchased real estate at a sheriff’s sale, in his own name, with money alleged to belong to plaintiff, and to have been paid by her agent, but which the court found to have been paid in part from plaintiff’s money and in part from money belonging to her alleged agent personally, and further found that the deed was taken by defendant as security for a note of the plaintiff to the defendant, and another note from plaintiff’s alleged agent to the defendant, and for cash advanced at the sale, it was error for the court upon such findings to dismiss the action without any relief to the plaintiff, though without prejudice to a subsequent action.

Id.—Bight of Plaintiff to Bbdeem and Iíeceive Conveyance—Bights of Alleged Agent not a Party—Defendant not Concerned.— The plaintiff is entitled to redeem the entire property and receive from defendant a conveyance to her of 'the property. The defendant not having made plaintiff’s alleged agent a party, and she not having concerned herself to become a party to the action, the defendant is not interested in any controversy that may arise between plaintiff and such third party with respect to the ownership of the money received by him, nor in their respective rights to the land as against each other, in ease of redemption by either. He is only entitled to hold the property conveyed to him until all the money secured thereby is paid.

Id.—Litigation between Plaintiff and Alleged Agent-*-Findings not Conclusive.—The findings of the court in this action, that the money with which the defendant purchased the property was partly the money of the plaintiff and partly that of her agent personally, and upon other matters in issue, will not be binding upon the plaintiff in any litigation between her and her alleged agent concerning their interests in the property or in the money advanced to purchase it.

Id.—-Costs—Absence of Tender.—Where the plaintiff made no tender of payment of the sums due to the defendant for which he holds the legal title as security, the costs of the action and of the appeal must be paid as a condition of the relief indicated.

Id.—Offset—Bents Beceived by Defendant.—It is not intended to decide that the plaintiff, if she redeem the property, is not entitled to a credit for any rents which the defendant may have received during the time he has been in possession, as an offset to the amount due upon the redemption.