Metcalf v. Hecker

MUSSELL, J.

In these actions, which were consolidated for trial, plaintiffs seek to establish a constructive trust and to quiet title to real property in San Diego County. Judgment was rendered that plaintiffs recover nothing against the defendant Frederick Henry Heeker and quieting title in him to the real property involved. Both plaintiffs appeal from the judgment.

On June 14, 1923, Elizabeth Metcalf was the owner of approximately 400 acres of land in San Diego county, including the 80 acres here involved, which is described as the east one-half of the northwest one-quarter of Section 28, Township 12 South, Eange 4 West, S.B.B. & M. Elizabeth Metcalf’s four children, to wit, Anna Heeker, Marie Lamb, Albert Metcalf and John Metcalf, each acquired an undivided one-fourth interest in the property involved by deeds dated June 14 and 15, 1923. Anna Heeker, wife of defendant Heeker, died in 1931, and by the terms of her will devised her one-fourth interest in the property in trust. Plaintiff May Metcalf and her two daughters were named as beneficiaries of income up to $200 per month and any excess income was to be paid to defendant Heeker, who was named as trustee. A decree of distribution was entered in the Anna Heeker estate in 1938 pursuant to which defendant Heeker assumed his duties as trustee and acted as such until June 19, 1950, at which time his resignation was accepted by the court and a successor trustee appointed. On October 21, 1951, John Metcalf and

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his wife deeded the undivided one-fourth interest involved in the Flint suit to Frank Miles Flint, one of the plaintiffs herein.

Defendant Hecker’s record title is based on a tax deed, dated October 31, 1944. The taxes on the land involved became delinquent and the property was sold and deeded to the state in 1932. Apparently the one-fourth interests in the property were separately assessed in 1933 and thereafter. The state leased the entire property to John H. Metcalf for the years 1940-1944 and the interests described in the leases were defined therein as undivided one-fourth interests. As trustee, defendant Hecker paid the taxes on the trust’s one-fourth interest and this interest was placed on the five-year plan. On October 31, 1944, three undivided one-fourth interests in the property involved were sold by the tax collector to the defendant F. H. Hecker and the state’s deed to him was recorded July 29, 1946. On November 10, 1947, defendant Hecker, as trustee under the will of Anna Hecker as to an undivided one-fourth interest and individually as to an undivided three-fourths interest, entered into a written lease with one Carroll R. Kelly as lessee covering the 80 acres involved. Since that date Kelly has continually occupied and farmed the premises, paying three-fourths of the rental to Hecker individually and one-fourth to the Anna Hecker trust.