Ephraim v. Nevada & California Land & Live Stock Co.

(after stating the facts as above). It is contended that the trust deed is void, for the reason that it is an attempt by a single instrument to create both a mortgage and a deed of trust and to operate as either at the election of the grantee. That question is not open to discussion in the present controversy. That the instrument is a trust deed has been determined by the decree of a *612competent court in the cause to which the appellants’ predecessor in interest was a party. It was subsequent to that decree that the appellants took their deed, and they are estopped by the judgment in that suit.

N…