California, United States of America
The following excerpt is from Hillman v. Stults, 263 Cal.App.2d 848, 70 Cal.Rptr. 295 (Cal. App. 1968):
It is obvious from this order that this was an action to impress a trust. (Angus v. Craven, 132 Cal. 691, 64 P. 1091.) An accounting action is an equitable remedy. [263 Cal.App.2d 877] The right to money and possession of property was secondary to and flowed from the trust and accounting determinations.
A beneficiary cannot bring a quiet title action against a trustee. He must seek to enforce the trust and compel appropriate conveyances of legal title, or to compel the trustee to remedy the breach of trust. (Ephraim v. Metropolitan Trust Co., 28 Cal.2d 824, 172 P.2d 501.)
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