Raymond

This action was brought by Ellen D. Raymond, the plaintiff, to procure a decree that the defendant, the German American Savings Bank, holds a certain note and mortgage as the trustee of the said plaintiff, or that in lieu thereof she be decreed to have a vendor’s lien upon the land covered by said mortgage.

Plaintiff had a decree in her favor, from which defendant, the German American Savings Bank, appealed to this court, where such proceedings were had that the cause was finally remanded, with directions to the court below to find whether or not the defendant bank took the note as security without notice of the facts showing the equities in favor of the plaintiff. Such fact to be determined from the evidence already taken, with such further evidence as might be adduced, et cetera. (Raymond v. Glover, 37 Pac. Rep. 772, 918 .)

"Upon the return of the cause to the superior court, additional evidence was taken, whereupon it was found as follows: “The *473 defendant, German American Savings Bank, at and before the time of the assignment by defendant George Munroe to it of the note and mortgage from defendants George W. Glover and Sarah J. Glover to said Munroe, mentioned in the…