Gill

This is an action brought under the provisions of the so-called Torrens Land Title Act (Stats. 1915, p. 1932; Deering’s Gen. Laws, 1923, Act. 8589, pp. 3611 to 3644). For the sake of brevity, this law will be hereinafter referred to as the Torrens Law. Subdivision 2 of section 105 of this act reads in part as follows:

“Any person who, without fraud or negligence on his part, is deprived of any interest or estate in land through the operation of any provision of this act or by reason of the fraud, forgery, negligence, omission, mistake or misfeasance of any person, and who is precluded from recovering such interest or estate, may commence an action in the superior court of the county in which the land or a part thereof is situated, to recover not over the fair market value of the interest or estate of which he has so deprived.” (Italics ours.)

The real property which forms the basis of this action is located in Imperial County and the complaint was filed in the Superior Court of that county. The plaintiffs reside in that county, but the defendant is the state treasurer, in his official capacity. The defendant filed in the Superior Court of Imperial- County a motion for change of…