Harrigan v. Mowry

Citations

• 84 Cal. 456

Syllabus

<p>Quieting Title — Legal Title Held by Defendant as Trustee of Plaintiff— Enforcement of Trust.—An action to quiet title will not lie in favor of the owner of an equitable title, for whom the defendant holds the legal title in trust, the only proper remedy for such plaintiff being an action to enforce the trust, and to compel a conveyance of the legal title.</p> <p>Id. —Reason for Withholding Conveyance. —The fact that the reasons of the defendant for withholding a conveyance from the plaintiff are insufficient, unreasonable, or unjust will not warrant the court in declaring that the defendant has no title.</p> <p>Id.—Express Trust—Expiration of Term—Possession by Beneficiary. — When an express trust has been created by a conveyance of land to the defendant to be held in trust for the plaintiff for five years, and to be reconveyed to the plaintiff at the end of said term, the mere possession of the plaintiff at the expiration of the five years, without a reconveyance, will not justify a finding that the legal title is in her.</p> <p>Id. — Adverse Claim. — The claim of defendants to hold the legal title as trustees of an express trust in favor of the plaintiff as sole beneficiary is not adverse to the title of plaintiff as such beneficiary.</p>