Weisenberg v. Truman

Citations

• 58 Cal. 63

Syllabus

<p>Trust—Dedication to Pubuc Use—Notice of Unrecorded Deed—Action to Recover Read Estate.—The land was dedicated by the city of Los Angeles as a public cemetery, and conveyed to three trustees, but the deed was never recorded. Afterwards the cemetery was discontinued, and some of the bodies removed; but some still remained. Afterwards the City of Los Angeles, for a valuable consideration, made a quitclaim deed for the tract to one S. (referring to the premises as the ten-acre tract formerly dedicated for a public cemetery), and the Legislature, by the act of February 18th, 1872 (Stats. 1871-72, p. 93), legalized, ratified, and confirmed the said deed, and the ordinance under which it was made. In an action to recover the land by the grantees of S. against one of the trustees, and another holding under him, the Court found that the plaintiffs were purchasers under S. for valuable consideration, and at the time of purchasing and recording their deeds did not have actual notice of the trust deed, but did know that the premises had been dedicated and used as a cemetery, and had notice of facts sufficient to put them upon inquiry as to the true state of the title. Held, First—That the City of Los Angeles had power to make the deed to the Trustees. Second—That the deed itself imparted notice of the dedication of the land. And, third—That the deed passed the legal title to the trustees, and the trust was still in force; and that, therefore, the action could not be maintained.</p>