McCreery v. Duane

Citations

• 52 Cal. 293
• 1877 Cal. LEXIS 99

Syllabus

<p>Conveyance by a Trustee to the Beneficiary. — If a city holds the title to land in trust to be conveyed to persons who were, on a certain day, in the bona fide possession of the same, and executes a deed of a portion thereof, with a recitation therein that the grantee is one of the beneficiaries, in eject- ■ ment brought by the grantee against one in possession, but who does not claim to be a beneficiary, the defendant cannot raise the question that the plaintiff was not a beneficiary. The deed is conclusive as against him on that question.</p> <p>Recitals in a Deed.—A. recital, in a deed given by a trustee, of facts showing that the grantee is one of the beneficiaries to whom the trustee, by the terms of the trust, was required to convey, are prima facie evidence of such facts, in ejectment by the grantee against one not claiming to be a beneficiary under the trust.</p>