Shooter v. Peairs

RICHARDS, J. This proceeding had its inception in an application filed in the superior court, in and for the county of Los Angeles, by one Herbert 0. Reed and ten other applicants, among whom was the respondent herein, Frederick S. Shooter, to have their and each of their respective titles to certain lots or parcels of land registered and certified under the provisions of the initiative law adopted by the people of the state of California at the general election held November 3, 1914, entitled: “An Act to amend an Act entitled ‘An Act for the Certification of Land ’Titles and the Simplification of the Transfer of Real Estate, ’ approved March 17th, 1897.” (Stats. 1915, p. 1932.) Due notice having been given of said application, the appellant herein, Helen T. Peairs, who was alleged in the application to claim some right or interest in one of the parcels of land described in said application, appeared to contest the title of the respondent to said parcel of land and his right to the registration thereof under said act. The trial court, when the issues were thus made up and the proceeding called for trial, made an order of reference to the official referee to take evidence and report to the court. The parties appeared before the referee and a hearing was held by him without objection, during which such testimony and evidence as the respective parties wished to present were offered, and the matter being submitted the referee made his report embodying such evidence, together with his conclusions thereon; whereupon a further hearing was had in the trial court, during which the appellant herein presented her objections to the report of the referee and to certain evidence which had been offered and admitted before him. She did not, however, include among these any objection to the order appointing said referee or to the hearing had before him as such. The trial court overruled the appellant’s objections and adopted the report of the referee as its findings in said proceeding, and upon the conclusions of law drawn therefrom found the title to the premises in question [121]to be in the petitioner, and it thereupon made and entered its decree of registration as prayed for in said application. It is from said decree that this appeal has been taken.

The first contention which the appellant urges upon this appeal is that the trial court was in error in ordering a reference in this proceeding for the alleged reason that there is no express authority to he found in the initiative act under which this proceeding was instituted for the appointment of a general referee. We are of the opinion that this objection is without merit for two main reasons, the first of which is that the proceeding for registration of land titles under the said initiative law is in the nature of a special proceeding over which the superior court has been given jurisdiction under the provisions of that law, and is also in the nature of an equitable proceeding analogous to an action to quiet title, and hence is such a proceeding as comes within the contemplation of section 638 et seq. of the Code of Civil Procedure, which provides for references and trials by referees, and particularly section 639 thereof, which provides that “When the parties do not consent the court may, upon the application of either, or of its own motion, direct a reference in the following cases: 4. When it is necessary for the information of the court in a special proceeding.” This subject was exhaustively considered by this court in the case of Frances Inv. Co. v. Superior Court, 189 Cal. 107 [208 Pac. 105], wherein it was definitely decided that a proceeding under the Torrens Land Title Act was in substance and effect an action to quiet title. The additional reason why the objection of the appellant herein to the order of reference made by the trial court is without merit is that no objection was made by the appellant to the making of said order, nor was any such objection urged by her before the trial court at the time of the hearing upon the report of the referee, nor at the time of making and entry of the decree of the trial court based thereon.