Megginson

Action to recover the amount due on certain promissory notes. Plaintiff had judgment, from which, and from an order denying motion for new trial, defendant appeals.

Defendant, in his answer, by way of cross-complaint, claimed that he had conveyed to plaintiff certain real and *209 personal property as security of these notes, and asked for an accounting, and that he be allowed to redeem. He does not allege that plaintiff has sold any of this property or converted it. Plaintiff denied that he held any of defendant’s property as security, and averred that whatever title he held was as trustee and in trust for defendant, which he stood ready to reconvey. The court found the due execution of the notes by defendant, and the amount due thereon, as to which the evidence is sufficient to justify the finding. It also found that the notes were not secured by any of the real or personal property conveyed by defendant to plaintiff as claimed by defendant, “but such properties as were conveyed to plaintiff were transferred to and held by him as trustee for the defendant.” In its judgment the court dismissed defendant’s cross-complaint.

Appellant contends that the court should have found as…