Hannah v. Canty

Citations

• 175 Cal. 763

Syllabus

<p>Trust—Action to Establish and Enforce—Following Trust Property into Hands of Grantee With Notice—Sufficiency of Evidence.—In this action to establish and enforce a trust and for an accounting, the evidence is examined and found sufficient to support the findings and a judgment that certain timber lands were acquired by one of the defendants without consideration from the other defendant, who was the owner of the legal title, and with knowledge of an unrecorded agreement whereby the plaintiff was to receive one-half the selling .price of the lands for his services in finding, selecting, and examining them.</p> <p>Id.—Statute of Limitations.—The statute of limitations applicable to an action to establish a trust and for an accounting as merely incidental to the action is section 343 of the 'Code of Civil Procedure, and that section not having been pleaded, the trial court was justified in finding that the action was not barred.</p> <p>Id.—Findings—Ultimate Fact.—A finding that the legal title was held by the defendant in trust is a finding of an ultimate fact and not a conclusion of law.</p> <p>Id.—Action not Premature.—-In such a ease there is no merit in the argument that there can be no trust in the land but only in the proceeds after sale, and that no suit can be maintained until the sale of the land.</p>