Burroughs v. De Couts

Citations

• 70 Cal. 361
• 11 P. 734
• 1886 Cal. LEXIS 794

Syllabus

<p>'Trust Deed — Delivery — Surrender by Trustee — Cancellation — Ejectment — Equitable Defense. —The action was brought to recover the possession of certain land originally owned hy one Soto. The plaintiffs claim to have derived title to the demanded premises after the death of Soto, hy a conveyance from the trustee and cestui que trust under a deed of trust alleged to have been executed by Soto, and empowering the trustee and beneficiary to convey in case of his death pending the trust. The answer alleged that the trust deed was never delivered by Soto to the trustee, but merely deposited with him for safe-keeping, with the understanding that it should be returned for cancellation on demand, and that with the consent of the beneficiary the deed was surrendered to Soto, and canceled by the destruction thereof. Reid, that the answer was sufficient to constitute an equitable defense.</p> <p>Id.—Acquiescence by Beneficiary—Evidence—Finding.—The court found that the trust deed was surrendered with the intention and agreement that the trust therein provided for should cease, and the property be owned by Soto as if the deed had never been made; that the beneficiary, with full knowledge of the facts, acquiesced therein; and that it was intended that a proper deed should be executed reconveying the property to Soto and terminating the trust, but on account of neglect the deed was never executed. The evidence showed that upon the redelivery of the trust deed, it was for some time in the possession of the beneficiary, who was the wife of Soto; that during his lifetime he managed and possessed the property as his own; that at his death he devised only a portion of it to her, and the residue to his children; that she was appointed and acted as the executrix of his will, described the property as belonging to his separate estate, submitted to a division of it as in the will provided, sold her interest in it as devised to her, and never asserted any claim under the trust deed un