Ward v. Matthews

Citations

• 80 Cal. 343
• 22 P. 187
• 1889 Cal. LEXIS 916

Syllabus

<p>Ejectment—Enforcement of Trust—Alternative Judgment—Tax Title — Reimbursement of Trustee — Renewal of Motion. — When in an action of ejectment an alternative judgment haa been entered adjudging that the plaintiff holds the legal title in trust to secure the payment of a debt, and that if the debt be paid by the defendant within twenty days, the plaintiff should convey to him the title, and if not, that the plaintiff shall be entitled to judgment for restitution of the premises as prayed for, and pending the suit a tax title to the land is acquired by the plaintiff, such title is also held in trust for the defendant, and the plaintiff is not entitled to judgment for restitution without including such title in an offer of conveyance of his interest. But as the taxes were properly assessed to the defendant in possession claiming ownership, the plaintiff is entitled to reimbursement of the taxes and costs, with legal interest, in addition to the amount of the original debt, before conveyance of the legal title by him to the defendant, and should be allowed to renew a motion for judgment of restitution, if after tender by him of a sufficient deed conveying all his interest in the property, the defendant should fail to pay the full amount of the debt, taxes, costs, and interest within a reasonable time.</p> <p>Id. — Enforcement of Trust—Finality of Judgment—Effect of Appeal. — A party has the right to question the correctness of a judgment enforcing a trust against him by motion for new trial and appeal, and the judgment is not final until the appeal is decided.</p>