Ellis

If as alleged in the complaint and found by the court, the defendant Judson made and delivered to the plaintiff a deed by which he granted, bargained, sold and conveyed to her the premises in controversy, his subsequent conveyance of the same premises to defendant DeWitt, if he had notice of the prior conveyance, vested no title in him, and his subsequent conveyance to defendant Riley, if he had notice of said prior conveyance to the plaintiff, vested no title in Riley; and the plaintiff, upon such a state of facts, might maintain an action against DeWitt and Riley to quiet her title. To that action the defendant Judson would be neither a necessary nor proper party.

After making such a deed as the court has found that he did make, he certainly retained no interest in the premises in *170 trust for the plaintiff or otherwise; and we are unable to discover how DeWitt and Rilev, or either of them, if they, or either of them, acquired any title by virtue of the deed of Judson to DeWitt, could be held to hold any title or interest in trust for the plaintiff. A prior conveyance of the character that the court found the conveyance of Judson to the plaintiff to be would vest in her a…