Staacke

The action is brought in the superior court of the city and county of San Francisco, and the complaint alleges that on February 1, 1892, plaintiff executed and deliv *311 ered to defendant, San Francisco Savings Union, his promissory note, due February 1, 1893, for sixty thousand dollars, to secure payment of which plaintiff executed á conveyance to defendants Henry 0. Campbell and Thaddeus B. Kent of certain lands in Santa Barbara county. This conveyance is set out in the complaint and is an ordinary deed of trust. The complaint then alleges that on March 8, 1893, “the defendant John S. Bell commenced an action against plaintiff and the defendant John W. C. Maxwell in the superior court .... in and for the county of Santa Barbara, which action is ... . undetermined. .... That by the pleadings in said action it is claimed by all the parties thereto that this plaintiff holds said land in trust. That on the sixteenth day of October, 1892, said Thomas Bell died in the said city and county of San Francisco, leaving a last will, a copy whereof is ... . made part hereof.” Thomas Bell is not previously mentioned in the complaint, but appears in the title of the cause as deceased. There…