Cohn
Cohn v. Cohn
Opinion
Lead Opinion
Barnard, J.
This action was brought by certain heirs and devisees of Charles Cohn, deceased, for the purpose of establishing a trust as to some 2,200 acres of land situated in the Tulare Lake bed in Kings County, which land had been conveyed by Charles Cohn in his lifetime to his brother, Levi Cohn. Plaintiffs contend that in fact this land was conveyed to Levi Cohn in trust for Charles Cohn or for him and his heirs. Charles Cohn conveyed the land in question to Levi Cohn by grant deed dated May 24, 1918, and recorded May 27, 1918. The deed recites a consideration of “Ten Dollars and other good and valuable consideration to him in hand paid,” and $8 U. S. documentary stamps were affixed thereto and canceled. On June 6, 1918, Charles Cohn, as attorney-in-fact of Irving Cohn, executed another deed conveying the same land to Levi Cohn in consideration of $10 and other good and valuable consideration, which deed recited: “This deed is given for the purpose of correcting a deed dated the 24th day of May, 1918, and recorded in Book 65 of Deeds at page 493.” It is conceded that at the times these deeds were executed the land in question was the property of Charles Cohn, and that Irving Cohn held the…