Griset

The appeal in this case came to this court upon a petition for a rehearing after decision by the district court of appeal, first district, second division. The facts of the ease as evidenced by the pleadings, proof and findings are these: On July 15, 1916, the defendants herein, William Griset and Eva Griset, his wife, executed to the plaintiff Mortgage Guarantee Company their note for $4,000, payable three years after date, which note was secured by a deed of trust to the plaintiff Title Guarantee and Trust Company covering certain land in Imperial county. On April 19, 1917, the defendants herein made application to the superior court of Imperial County to have the title to the land which was the subject of the deed of trust registered under the Land Title Act commonly known as the “Torrens Act,” in effect December 19, 1914. (Stats. 1915, p. 1932.) Plaintiffs herein were duly served with notice of said application and, appearing specially in the registration proceedings, interposed their respective demurrers and objections to the application. The demurrers assailed the application generally upon the grounds of the insufficiency of the facts stated, misjoinder of parties,…

When the defendants made their application for registration under the Torrens land law, the plaintiffs had no defense thereto, nor did either of them have any defense to the action. They should not have appeared. Defendants were not seeking any relief against them, or either of them, but were seeking only the relief they eventually got by the stipulation—that is, that plaintiff should be declared to have a prior lien on the defendants’ title. I fail to see any equity which the plaintiffs had to protect by their appearance and they should not be allowed to charge for it. In fact, the court in that action did not allow them to charge for- their appearance but adjudged the cost they made to them.