Weygant

This is an action to quiet title. Defendant admits that he claims an adverse interest in the land, and bases such interest upon a claim for compensation out of said land as plaintiff’s trustee thereof. Judgment went for plaintiff, and this appeal is from the order denying a motion for a new trial.

The facts of the case briefly stated are as follows: Plaintiff purchased the tract of land, and had the conveyance made to defendant as a mere matter of convenience. Upon the same day the defendant conveyed the land to plaintiff, and some time thereafter this deed was delivered back to defendant, it never having been recorded. The deed was then destroyed by defendant, probably with the consent of plaintiff. The record title thus appeared in the defendant at the commencement of the action. The defendant claims that under this state of facts he was constituted the trustee of plaintiff, and as such trustee rendered services to her in the care and attention of this realty, and that his compensation therefor constitutes a lien thereon.

The findings of fact are full and complete against defendant’s claims at all points. Among other things, the court found that the defendant rendered no…