97 P. 150 | Cal. | 1908
This was an action brought to quiet title to three one-acre lots designated T, U, and V of the Agricultural Park tract in the county of Los Angeles. William Ferguson intervened, but the findings and judgment of the court were against the intervener, and he has not appealed. The court found that defendant District Agricultural Association Number Six had no title to the land in controversy; that title was *146 in the Sixth District Agricultural Association; that the Sixth District Agricultural Association had conveyed the land in controversy to plaintiff's grantor, W.M. Bowen, but that its deeds were void because made in violation of the terms of the trust under which the Sixth District Agricultural Association took and held title to the land. Whether or not the deeds of the Sixth District Agricultural Association to W.M. Bowen were void is the question presented for consideration upon this appeal.
The history of District Agricultural Association Number Six and of the Sixth District Agricultural Association has recently been discussed by this court in Sixth District AgriculturalAssociation v. E.T. Wright, ante, p. 119, [
It may not be disputed, and indeed is not disputed, that the estate which the Sixth District Agricultural Association took under the deed of trust was limited by the terms of the grant, as the court found. Not that only, but the trust itself was one which the Sixth District Agricultural Association, as a quasi
municipal corporation had the power to accept and execute. But was the court correct in holding that the power of disposition of the one-acre lots was limited to a "sale for cash"? Clearly not. By the very terms of the trust these lots were to be sold or disposed of by the association to the best advantage, for the purpose of meeting the expenses of the trust, including the expenses of litigation. By this language, giving to the word "sale" its narrowest application, that of an exchange of property for a money consideration (Civ. Code, sec.
As the association in this case was not even restricted to selling, but could otherwise dispose of the lands for its best interests, and as one of the very designated purposes for which such disposition could be made, was to meet "expenses of litigation," clearly the Sixth District Agricultural Association, as owner of the lots in question, was acting not in violation of, but within the express terms of its power and trust in conveying the land as it did. No question of fraud is here presented, nor even of a gross abuse of discretion, and in the absence of such a showing, as was said by this court in Ellis v. Commissioners ofFunded Debt,
The argument of respondent that the title of the Sixth District Agricultural Association is derived from the decree of the court rather than from the deed of trust, and that the deed to Bowen does violence to that decree, may not here be considered. The finding of the court is that the title and the powers of the association are derived from the deed of trust, and neither appellant nor respondent assailing this finding, it is a finality so far as this appeal is concerned.
It follows herefrom that a new trial is not necessary, but that upon the findings made by the trial court judgment should have been given for plaintiff. It is ordered accordingly.
Angellotti, J., Sloss, J., Shaw, J., Lorigan, J., and Beatty, C.J., concurred.