Hart v. Merchants Trust Co.

SPENCE, J.

This is an appeal by plaintiffs from a judgment entered by the trial court in an action brought to terminate a trust and to quiet title to certain real property.

The land consisted of a tract known as Oceana Beach bordering upon the Pacific Ocean. In 1905 plaintiffs’ predecessors in interest conveyed the property to defendant Merchants Trust Company, in what may be termed a subdivision trust. In the same year a map of the tract was filed by the trustee and thereafter portions of the tract were sold. In 1926, after the purposes of the trust had been accomplished, plaintiffs brought this action. The claims of certain defendants were adjusted and a disclaimer filed. Other defendants defaulted. The action proceeded to trial against the defendants Merchants Trust Company, Dubin and Guitón. Plaintiffs claimed to be the sole beneficiaries under the trust and entitled to a conveyance from the trustee of the land remaining unsold and further claimed that the title thereto should be quieted against the claims of the defendants Dubin and Guitón. The answer of the defendant Merchants Trust Company admitted holding title to the remaining portion of the tract. It further alleged that a controversy existed between the plaintiffs and other defendants regarding their " respective rights in certain portions of the tract, prayed that the court determine the conflicting claims of the parties and give judgment to said defendant for expenses incurred in connection with the trust. It

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appears that a portion of the remaining land held by' the trustee consisted of accretions to the original tract on the ocean shore which accretions extended westward to the mean high tide land and added to the amount of land in the tract. The map filed in 1905 showed numbered blocks to the east of Strand Avenue and blocks lettered A to I to the west thereof. At the time the map was filed the mean high tide line ran along the westerly edge of Strand Avenue as designated on said map. The answer of defendant Dubin raised the issue of ownership of certain lots in the numbered blocks to the east of Strand Avenue, said defendant claiming through a tax deed thereto. The answer of defendant Guitón raised the issue of ownership of all the lettered blocks being the blocks to the west of Strand Avenue and being the accretions, said defendants claiming through a quitclaim deed and through adverse possession. By its findings of fact and conclusions of law the trial court found and concluded that the legal title to all of the tract remaining unsold together with the accretions was in the trustee subject to the terms of the trust and that the entire beneficial interest in the trust was in plaintiffs subject to certain easements and that none of the defendants had any right, title or interest therein except that the land was subject to a certain easement in favor of defendant Guitón. It further found and concluded that the land west of Strand Avenue was subject to an easement in favor of the public. Further it concluded that the trust should be terminated and the remaining land conveyed to plaintiffs, but that as a condition precedent, plaintiffs should pay to the trustee the sum of !$183.05 for expenses incurred and the sum of $500 for attorneys’ fees in defense of the action. It further concluded that plaintiffs should pay to defendant Dubin the sums found to have been paid by him on account of taxes, penalties and costs upon the property described in the tax deed, which tax deed the court found to be void. Judgment was entered accordingly and no provision was made in the judgment for the recovery of costs by any of the parties. Upon motion the trial court subsequently struck out the cost bill filed by plaintiffs.