Frances Investment Co. v. Superior Court

This matter comes to us on petition for rehearing upon an order of the district court of appeal, second appellate district, denying an original application of petitioner for a writ of prohibition to restrain the superior court of Imperial County from trying the validity of a trust deed in a Torrens land proceeding.

In the application for registration of title in the land proceeding, Walter P. Downey and Nellie E. Downey claimed title in fee to the premises, subject only to a trust deed which they had given to third parties to secure their promissory note. They are seeking in the land title proceeding to rescind and set aside this trust deed on the ground that it was procured by fraud, and to have title in fee certified in themselves freed from this adverse evidence of title.

The sole question presented on this hearing is that of jurisdiction of the superior court under the Torrens Act to adjudicate as well as to ascertain and certify real estate titles.

Petitioner concedes authority in the court under this procedure to quiet title to real estate by removing clouds therefrom and determining adverse claims, but disputes jurisdiction to establish title by judicial decree in one…