On  June  9,  1915  defendant  Krittenbrink  and  wife  conveyed
to  Winfield  S.  Marr  the  entire  parcel  of  land  by  warranty  deed
\^hich  was  filed  for  record  July  8,  1915.  On  June  22,  1915  Marr
executed  to  the  Omaha  National  Bank  a  mortgage  for  $6,000
which  was  filed  for  record.  On  December  15,  1915  Marr  and  the
defendant  Edward  Malone  entered  into  a  land  contract  for  the
sale  and  purchase  of  the  entire  parcel  of  land,  and  the  vendee
Malone  assumed  the  two  mortgages  of  $4,500  and  $1,500  respec-
tively. This  contract  was  recorded  February  22,  1916.  Sub-
sequently and  on  November  22,  1919  Marr  and  wife  pursuant
to  the  contract  executed  a  quitclaim  deed  to  defendant  Malone
which  was  filed  for  record  November  28,  1919.  About  the  time
the  land  contract  was  executed  Marr  deposited  a  warranty"  deed
under  said  contract  in  escrow  with  the  First  National  Bank  of
Adair,  Iowa.  This  deed  was  lost  and  hy  reason  thereof  Marr
executed  the  quitclaim  deed  to  Malone.
On  May  1st,  1917  Marr  reconveyed  by  deed  the  land  in
controversy  to  Krittenbrink  subject  to  pre-existing  liens.
On  October  2,  1917  Krittenbrink  conveyed  by  warranty
deed  a  one-half  interest  in  the  land  to  defendant  W.  C.  Zellmer
subject  to  the  first  and  second  mortgages  on  said  land.  This
deed  was  filed  for  record  November  4,  1919  but  it  was  not  in-
tended to  be  a  deed  in  fact,  but  an  equitable  mortgage.
