McCormack

Suit to quiet title; judgment for plaintiffs; defendants appeal.

The paper-title of the parties is in a sufficiently mangled condition.

On December 27, 1877, W. H. Silsby and E. D. Silsby were tenants in common of the property. On that day W. H. Silsby made a deed to Carroll and Miller, in trust to secure certain indebtedness to the Pacific Mutual Life Insurance Company. It cannot be ascertained from the record whether this deed purported to be of the whole title, or only of the grantor's interest therein, nor can the terms and conditions of the trust be ascertained further than is above stated. In April, 1878, the trustees sold the property to the insurance company. It 'cannot be ascertained whether this sale was properly made by the trustees or not. It is found that “a deed was subsequently, on the nineteenth day of April, 1879, executed to said insurance company by said trustees, and they became the owners and succeeded to the interest of said W. H. Silsby, in and to said lands.” In October, 1879, the insurance company made a deed of all its right, title, and interest in the property to the plaintiffs.

In September, 1878 (which was after the making of the trust deed above…