Johnson v. Superior Court

Original petition for writ of mandamus. This is a petition asking that a writ of mandamus be issued to compel the Superior Court of San Diego County and Honorable L. D. Jennings, Judge thereof, to proceed to hear and pass upon a petition for distribution in an estate.

It appears from the petition and the answer and return thereto, that Edward Johnson died in September, 1927, leaving a will disposing of about one-half of his estate to various legatees, while as to the other half of said estate, he died intestate; and that all proceedings in the regular course of probate were had and taken in said court, including the filing of a final account and petition for distribution, and the estate was fully ready to be closed, except as herein set forth. That in May, 1929, after the petition for distribution was filed but before the same was heard, one Charles Erickson filed a complaint in the Superior Court of said county, which he denominates a complaint for specific performance and other equitable relief, and in which he alleges that he was born in Chicago, Illinois, on May 2'6, 1873; that his father died in 1876, and his mother died in 1877, leaving him an orphan; that for some time…