Harrigan

The judgment in this case was reversed by Department One, the opinion having been written by Commissioner Yanclief. A rehearing was granted. The second argument and further consideration of the case has convinced us that the decision of the department was right, for the reasons stated in the opinion of the learned commissioner. In addition to what is said in the former opinion, it may be remarked that the evidence clearly proved that the plaintiff was the owner of the equitable title to the property in litigation, and that the defendant was the owner of the legal title thereto as her trustee. Therefore, conceding that an action to quiet title was the proper remedy, the court, under the evidence, should have rendered judgment accordingly. Such a judgment would have availed the plaintiff nothing. It would have left her just as she was in the beginning. Her object was not to declare the title as it really was, which is the effect of a successful action to quiet title. Her purpose was to change the title and vest in herself the legal title that was outstanding in her *459 trustee. This could not be done by an action to quiet title. The proper action would have been one to close up the…