Shuey

In this proceeding an alternative writ of mandate was issued by this court directed to the respondent, commanding him to issue a writ of attachment in a certain action entitled “Herbert S. Shuey, Plaintiff, versus Oakland, Antioch & Eastern Railway, a Corporation, Defendant, ’ ’ or to show cause why he has not done so.

In the year 1910 the Oakland & Antioch Railway issued bonds in the amount of two million dollars, and executed and delivered to the Anglo-California Trust Company, as trustee, a mortgage or deed of trust, whereby it granted to said Trust Company all of its property, in trust, as security for the payment of said bonds. This mortgage or deed of trust has not been foreclosed and is now valid and existing. Thereafter, on March 18, 1912, the Oakland & Antioch Railway leased to the Oakland, Antioch & Eastern Railway all of its roadbed and equipment; the lessee went into possession, of the property under the lease and has ever since been .receiving the income thereof. The consideration for the lease consisted of a number of covenants by the lessee, including the following: “(c) To pay all fixed charges, including taxes and interest on the bonded indebtedness hereinbefore…