Supreme Court of Colorado October 31, 1960, No. 19,119 (Arch A. Edwards Post No. 252 v. Gould)

Opinion by

Mr. Justice Doyle.

*335The parties are here in the same order they appeared in the trial court where plaintiff in error was plaintiff in an action seeking to have a deed executed by it and delivered to the defendant Gould, declared to be a mortgage. Following a trial to the court, judgment of dismissal was entered pursuant to Rule 41 b, R.C.P. Colo.