Raymond

The plaintiff brought this action to obtain a decree that a certain note and mortgage were held by the defendant the German-American Savings Bank as trustee for her, or, in lieu thereof, have a decree establishing a vendor’s lien in her favor upon the lands described in said mortgage.

This is the third time this cause has been here on appeal.

"Upon both the former appeals, which were taken by the defendant bank from a decree in favor of plaintiff, the cause was remanded with the same directions to the court below, “to find whether or not the bank took the note as security without notice of the facts showing the equities in favor of the plaintiff. This fact may bo found upon the evidence already taken, with such further evidence as the parties may see fit to submit. If the court finds that the appellant took the note as security without notice of the facts showing such equities, judgment should be rendered' giving to the appellant [the bank] a first lien upon the property for the amount of its claim, and to the plaintiff a second lien thereon to the extent of thirteen hundred dollars and interest, as provided in the contract of sale.” (Raymond v. Glover, 37 Pac. 772, 918 ;…