Coffey v. Greenfield

Thornton J.: In this action, which was brought to declare the defendant Greenfield a trustee for the plaintiffs of the real property described in the complaint, Hefner intervened, and in his intervention set up the title of Greenfield and a mortgage executed by the latter to him, the judgment of foreclosure in an action against Greenfield to foreclose the mortgage, sale under such judgment by the Sheriff, and a deed by the Sheriff to him.

The cause was tried by the Court, and judgment was rendered against Greenfield, decreeing him a trustee for the plaintiffs, and that he convey to them, and also a judgment that Hefner take nothing by his intervention, and that it be denied.

The Court rendered the following decision:

“ 1. Mary Greenfield died intestate in said county in April, 1866, and at the time of her death she was the wife of John Greenfield.

“ 2. That the said Mary Greenfield died seised and possessed in her own right of the lands and premises described in the complaint, and the same were her separate property.

“ 3. That at her death she left her surviving five minor children, to wit, Lizzie Coffey, Mary Ellen Coffey, John A. J. [606]Coffey, Cornelius D. Coffey, and William T. Coffey, who inherited all of the said property.

“ 4. John A. J. Coffey died intestate at the county aforesaid on the twenty-third day of December, 1878, and his said interest and share descended to his said brothers and sisters, the plaintiffs herein.

“ 5. That upon the death of the said Mary Greenfield, the defendant John Greenfield was by the Probate Court of said county appointed the guardian of the persons of all the said minor children, except William T. Coffey, who was at that time residing in the State of Mew York, and who has never since resided in this State; and no guardian of this estate was ever appointed.

“ 6. That upon the death of Mary Greenfield, the defendant, John Greenfield, her surviving husband, as guardian aforesaid, entered into possession of the lands and premises described in the complaint, and continuously kept and held possession of the same till the commencement of this action, and received the rents and profits thereof to his own use.

“7. On the fifteenth day of September, 1873, W. S. Safford, County Judge of said county, as trustee of the inhabitants of the town of Oroville, under and in pursuance of the Act of Congress approved March 2, 1867, and the Act of the Legislature of California approved March-30,1868, on the application of the said John Greenfield, executed and delivered to him a deed of conveyance in his, the said John Greenfield’s, own name, of the lands and premises aforesaid, which deed was duly recorded in the office of the County Recorder of the said county on the-day of-, 1873.