Trust Deed—Declaration oe Trust — Power to Sell and Convey. — An instrument which conveys to a grantee named therein the legal title to property described, upon certain trusts which it declares, and whicli confers upon him the power in execution thereof to sell the property thus conveyed aud transmit the legal title to his grantee, is a trust deed.

Id. — Deed to Creditor to be Paid from Proceeds of Sale — Mortgage. — The fact that such deed was made directly to a creditor of the grantor as trustee, and not to a third party, is immaterial upon the question as to whether the conveyance should be treated as a mortgage or a deed of trust, as such question must depend upon the essential character of the instrument as shown by its terms, and not upon whether the grautee is a creditor whose debt is to be paid out of the proceeds to arise from the execution of the trust which is declared.

Id. — Death oe Grantor—Revocation oe Power oe Sale—Failure to Present Claim — Cancellation oe Deed. — The death of the grantor does not operate as a revocation of a power of sale contained in a trust deed, or limit the effect of the deed; and the failure to present to the administrator of the deceased grantor the claims secured by it furnishes no ground for a court of equity to cancel the deed.

Id.—Construction of Deed — Consideration of Promise to Trustee — Appeal — Law of Case. — The construction placed upon a deed of trust by the supreme court, in its decision reversing the judgment and remanding the case for a new trial, holding that a promise to pay ten thousand dollars to the trustee, besides his debts and the reasonable expenses of his administration, was without consideration, is the law of the case, and the question of its correctness will not be considered upon a second appeal. ^

Id.—Compensation of Trustee—Reimbursement of Expenses. — A "trustee, upon the close of his trust, is entitled to a reasonable compensation for his services in performing his duties under the trust deed, to be fixed by the court, unless the parties can agree in relation thereto, and is entitled to be reimbursed for all expenses incurred by him.