Hart

This is an appeal by plaintiffs from a judgment entered by the trial court in an action brought to terminate a trust and to quiet title to certain real property.

The land consisted of a tract known as Oceana Beach bordering upon the Pacific Ocean. In 1905 plaintiffs’ predecessors in interest conveyed the property to defendant Merchants Trust Company, in what may be termed a subdivision trust. In the same year a map of the tract was filed by the trustee and thereafter portions of the tract were sold. In 1926, after the purposes of the trust had been accomplished, plaintiffs brought this action. The claims of certain defendants were adjusted and a disclaimer filed. Other defendants defaulted. The action proceeded to trial against the defendants Merchants Trust Company, Dubin and Guitón. Plaintiffs claimed to be the sole beneficiaries under the trust and entitled to a conveyance from the trustee of the land remaining unsold and further claimed that the title thereto should be quieted against the claims of the defendants Dubin and Guitón. The answer of the defendant Merchants Trust Company admitted holding title to the remaining portion of the tract. It further alleged that a…