Carpenter v. Cook
Carpenter v. Cook
Opinion of the Court
This is an action to quiet title, plaintiffs resting their claims upon a deed of trust made to them by Amasa P. Willey, owner of the real estate at the time, and now deceased. The important question involved in this appeal relates to the construction and validity of various provisions of this trust deed. Those identical questions were also involved in the appeal before this court in Re Willey’s Estate, 128 Cal. 1, 60 Pac. 471, and for the reasons there given the various trust provisions of this deed are now held valid. The conclusion the court has declared upon the aforesaid question of law demands a reversal of the judgment, but appellants’ counsel ask not only a reversal of the judgment and order, but insist that judgment be entered in their favor upon the findings; and to this request we feel bound to accede. The findings of fact are complete, covering every necessary phase of the case, and the error committed by the trial court is found in its conclusions of law, one of which is as follows: “That the plaintiffs did not have, nor did either of them have, at the commencement of this action, or at any time since, nor has either of them now, any right, title or interest
Reference
- Full Case Name
- CARPENTER v. COOK
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Trusts—Reservation of Power—Revocation by Will.—Where a trust deed contained a reservation of power to revoke or modify the same by a deed of the grantor to be recorded in a certain city recorder’s office, under Civil Code, section. 2280, providing that a power of revocation reserved in a trust should be strictly pursued, the trust could not be revoked by the grantor’s will.