Young America Engine Co. No. 6 v. City of Sacramento
Synopsis
Paboii Evidence nr Case ob Deed. In an action by a cestui que trust against a trustee to enforce the trust, by compelling a conveyance of the legal title to the eestui que trust, parol evidence, in the absence of fraud or mistake in making the deed, -will not he received on behalf of the trustee, to contradict the language of the deed, and show that the trustee named in the deed, and not the cestui que trust, was the beneficiary.
By the Court: 1. The trust and the beneficiary were expressly declared on the face of the deeds—from Hunter to Robinson and others, and from the latter to the defendant—and parol evidence will not be allowed in such case upon the part of the trustee, the defendant here, to show that the trustee, and not the cestui que trust named in the deed, was the beneficiary.
2. No point is made as to the form of the decree, and we will not consider it.
Judgment affirmed. Remittitur forthwith.
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