Lieb

This is a proceeding in mandate to compel the respondent court to set aside its order sustaining objections to petitioner’s requests for admissions propounded to Chas. D. Swanner, the real party in interest and plaintiff in the pending action. That action is one to quiet title to a parcel of realty and partition it among the persons found to have an interest therein. Plaintiff claims a one-twelfth interest in fee in the realty by reason of inheritance. The petition does not contain any reference to or copy of the answer of petitioner, but states that petitioner claims an interest in the realty either directly or indirectly from tax deeds. Petitioner served upon plaintiff and on other defendants who answered in the action a document entitled “Request for Admissions of Facts.” Petitioner therein requested the parties served to admit the following:

Plaintiff made objection to these requests pursuant to Code of Civil Procedure, section 2019, on the grounds that the first four requests constituted a request for admission of the genuineness of a document and that petitioner failed to furnish plaintiff with a copy thereof. Plaintiff also objected to all the requests on the grounds that…