Drexler v. Hufnagel

YORK, P. J.

The instant action was filed pursuant to section 98 of the Land Title Law (Stats. 1915, p. 1932; 8 Deering’s Gen. Laws, Act 8589), which provides that a regis

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tered owner or other person in interest may apply by petition to the superior court upon the ground “that new interests have arisen or been created which do not appear upon the certificates . . . for an order correcting or altering any certificate to comply with the true facts as shown by the petition and proof adduced and the court shall have jurisdiction to hear and determine the petition after notice to all parties in interest. The court shall issue an order summoning all persons . . . interested .... to appear . . . and produce their duplicate certificates and show cause why such omissions . . . or change, or alteration, should not be corrected or made.”

From a judgment ordering defendant to produce and deliver his duplicate certificate of title No. HO-70415 upon Lot 26 of Tract No. 2402, in order to permit a memorial of the execution and filing of two grants of easement to be entered upon the original certificate and the duplicate thereof, defendant appeals.

The petition for order to produce duplicate certificate of title alleges that Lot 26 of Tract No. 2402 is registered land; that on January. 28, 1939, appellant Frank Hufnagel and his wife, Dorothy Hufnagel, as owners of said Lot 26, executed a grant of easement over the southerly 9 feet thereof to George Knarr and Eugenie Knarr, which said easement was made appurtenant to Lot 116, Hollywood Valley View Tract, both lots situate in the county of Los Angeles; that thereafter, on February 3, 1945, the Knarrs “transferred, granted and conveyed to petitioners George L. Drexler and Antoinette Drexler, an easement over the said southerly 9 feet of Lot 26 of Tract No. 2402, being the same easement referred to in the grant of January 28, 1939 and which was made appurtenant to Lot 116 of the Hollywood Valley View Tract.

It is further alleged that petitioners (respondents) have demanded that appellant produce his duplicate certificate of title in order that they may file with the registrar of titles the two grants of easement, but that appellant “refuses and has at all times herein mentioned refused to produce or surrender the said Duplicate Certificate No. HO-70415 to the Registrar of Titles so as to enable the petitioners to file the said instruments and to enable the said Registrar of Titles to enter the proper memorials thereon.”