Lineker

(after stating the facts as above). In 1907 Norvena E. Svensén (now deceased) owned certain real estate in Stanislaus county, Cal. On June 20, 1910, she .conveyed it by deed of trust to Reginald McColgan, trustee, as security for payment of a note given by her to Daniel MeColgan. for $2,850, and any further sums which he might advance or otherwise ■be due to him or to the trustee under the pro-' visions of the deed. This deed of trust is described in these proceedings as the first deed of trust.

Plaintiff, Frederick Y. Lineker, alleges in his amended bill of complaint in this ease that the amount of the loan, instead of being $2,850,. was only $2,500. It appears, further, that the property became subject to attachment liens amounting to $1,241.09, a judgment lien for $1,264.91, and a sheriff’s certificate of sale, dated August 30,1913, for the property sold .under execution for $1,-361.20. On September 22, 1912, Norvena Svensen married Frederick Y. Lineker, the plaintiff. On August 18, 1913, she conveyed the land to her husband by deed of gift, in order that he might better assist her in protecting her interests.

The deed of trust of June 20,1910, having been executed by Norvena…