Los Angeles Auto Tractor Co. v. Superior Court

An alternative writ of mandate was issued herein pursuant to an amended and supplementary petition filed on the eighth day of January, 1928, whereby the petitioner sought to compel the respondent court, in an action pending herein, to enter a final decree quieting petitioner’s title to certain described real property. Prior to that time the action had been tried before respondent judge, McLucas. Findings of fact and conclusions of law had been filed, and in accordance therewith, on the eighteenth day of November, 1926, a so-called interlocutory decree had been entered. By that decree it was adjudged that the plaintiff’s title to said property be quieted against the claims of de fendant Gladiator Manufacturing Company, unless within thirty days after entry of the interlocutory judgment the company paid to a “trustee” appointed and named in the decree, and for the plaintiff, the sum of $15,500 and interest, and certain sums expended by plaintiff for taxes, all found to be due by virtue of a contract for the sale of said real property by the plaintiff to the company’s assignors. It was provided that upon payment by the company to the trustee, "within said period of thirty days, of…