Curley

This is an appeal from a decree rendered in favor of plaintiffs, quieting title to two hundred acres of land in Tehama County.

The question involved in this action is whether the beneficiary under a trust deed is a necessary party to an action to set aside the deed on the ground that it was procured by fraud, or whether, on the contrary, the trustee as a party defendant represents the beneficiary so as to bind him by a decree declaring the deed void.

The plaintiff Johnson is the owner of the property in question, subject to two bona fide trust deeds represented by parties plaintiff. L. W. Lovey was the former owner thereof. March 22, 1920, while Lovey was the owner, one L. H. Brown purported to execute another trust deed affecting the title to the premises in question to the Berkeley Bank of Savings and Trust Company, as trustee, and in which Alpha E. Thornbury was named as beneficiary. October 22, 1920, Lovey instituted an action in Tehama County against Brown, as trustor, the Berkeley Bank of Savings and Trust Company, as trustee, Alpha B. Thornbury, as beneficiary, and other’s, to set aside said alleged trust as fraudulent. After trial a decree was duly made, entered, and…