Hector

This is a proceeding in mandamus by which petitioners seek to compel the respondent court to proceed with the trial of a certain action pending in said court upon a rejected probate claim.

The plaintiff Phillips is a coexecutor with the defendants Hector (petitioners herein), and the claim in dispute is based upon a promissory note alleged to have been executed by decedent- to plaintiff together with an acknowledgment of indebtedness in the like sum to cover the same obligation, which is also alleged to be owned and held by the plaintiff.

The record discloses that the promissory note and statement of indebtedness were found by the executors in decedent’s safe deposit box, wherein claimant states he kept them and to which he claims to have had joint access with decedent.

Prior to the date set for trial in the rejected claim suit, the claimant Phillips filed another action against the co-executors Hector to quiet title to and secure the possession of said promissory note, and thereupon moved the respondent court for an order postponing the trial of the first suit until the trial of the second. The respondent court granted the motion and hence this proceeding in mandate to compel…