Plaintiff executrix, defendant title holder, and intervener trustees all appealed an order from the Superior Court of San Mateo County (California), which declared that the entire beneficial title to the property in dispute was vested in intervener land association and that none of the other parties had any right, title, or interest therein.

 

The executrix's decedent, the title holder, and others had formed the land association to sell land to a cemetery association. The land association issued bonds, upon which the land association defaulted when the cemetery association breached the contract. The land was sold in a foreclosure proceeding, and the cemetery association bought it. The decedent, the title holder, and other stockholders revived the land association and attempted to tender an offer to the cemetery association to redeem the land association's rights in the property. The title holder secured legal title to the property and filed suit against the cemetery association to recover the property, in which suit he prevailed. In the suit filed by the executrix, the trial court determined that the title holder took the legal title subject to an oral trust in favor of the land association. On appeal, the court affirmed. The court held that it was forbidden by its own rule regarding conflicting evidence in the record to interfere with the judgment. The court held that the statute of limitations did not bar the action and that the trial court's decision was supported by sufficient evidence.

 

The court affirmed the superior court's order.

 Plaintiff executrix, defendant title holder, and intervener trustees all appealed an order from the Superior Court of San Mateo County (California), which declared that the entire beneficial title to the property in dispute was vested in intervener land association and that none of the other parties had any right, title, or interest therein.

 

The executrix's decedent, the title holder, and others had formed the land association to sell land to a cemetery association. The land association issued bonds, upon which the land association defaulted when the cemetery association breached the contract. The land was sold in a foreclosure proceeding, and the cemetery association bought it. California Penal Code 487 PC defines the crime of grand theft as unlawfully taking someone else's money, labor or property valued at $950.00 or greater. The decedent, the title holder, and other stockholders revived the land association and attempted to tender an offer to the cemetery association to redeem the land association's rights in the property. The title holder secured legal title to the property and filed suit against the cemetery association to recover the property, in which suit he prevailed. In the suit filed by the executrix, the trial court determined that the title holder took the legal title subject to an oral trust in favor of the land association. On appeal, the court affirmed. The court held that it was forbidden by its own rule regarding conflicting evidence in the record to interfere with the judgment. The court held that the statute of limitations did not bar the action and that the trial court's decision was supported by sufficient evidence.

 

The court affirmed the superior court's order.