Nogarr

Elaine R. Wilson and others, owners of several parcels of real property, were defendants in a condemnation action brought by the state. Elaine owned Parcel Number 10. Frank H. Wilson and Alice B. Wilson held a mortgage upon the parcel executed in 1954 by the now deceased husband of Elaine at a time when title stood in joint tenancy. Elaine, the mortgagees and the state stipulated to the market value of Parcel 10 and for judgment of condemnation. Thereafter, pursuant to section 1246.1, Code of Civil Procedure, there was tried the issue as to the existence of a mortgage lien upon the property. Elaine contended that upon the death of her former husband the lien of the mortgage became nonexistent. The trial court held otherwise and declared *313 that the mortgage debt was a charge against the award. Elaine appealed and the judgment was reversed, the court holding that the lien of the mortgage was extinguished upon the death of the joint tenant. (People v. Nogarr, 164 Cal.App.2d 591 [ 330 P.2d 858 ].) The state was not a party to the appeal.

Within 30 days after the remittitur went down, Elaine served upon counsel for Frank and Alice a memorandum claiming her costs on the appeal. Ten…