Mersfelder

The suit was brought to recover possession of land described in the complaint. The only defense set up rests upon a denial of plaintiff’s ownership. The judgment was for the plaintiff. The appeal is from an order denying the defendant’s motion for anew trial.

The land in question was formerly the property of one Westphal, who, with his wife, conveyed the same to the defendant by deed of date March 27, 1899. The consideration for the'deed was the sum of $4,700, evidenced by three notes, —payable, $1,000, May 11, 1899; $1,300, July 1, 1899; $2,400, April 1, 1900; and was secured by a deed of trust in ordinary form, made by the defendant to one McKerron, as trustee. The deed provides that, on default of payment, and on demand of Westphal, the trustee shall sell the premises at public auction, for gold coin, and for the publication of the time and place of sale, as specified in the deed; and further, that, in the event of sale and the execution of any deed or deeds under the trust expressed, that “the recitals therein of default and publication shall be conclusive proof of such default and of the due publication of such notice; and any such deed or deeds, with such recitals therein,…