Johnson v. Curley

THOMPSON (R. L.), J., pro tem.

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…