Cocke

In this proceeding petitioners pray that respondent, as referee appointed by a judge of the superior court, be permanently restrained and prohibited from proceeding with the hearing in an action pending in said superior court, in which action respondent was appointed referee.

The facts appear to be that in a suit brought for the purpose of having a trust declared in favor of the plaintiff as to a one-half interest in and to certain real property described in the complaint, the court made findings of fact and drew conclusions of law therefrom and thereupon rendered judgment to the effect that the plaintiff was the owner of the west one-half of said property, subject to a lien and the payment thereof by plaintiff of one-half of a certain mortgage thereon; that defendant held the record title to the said one-half of said property in trust for the plaintiff; “that the defendant, Robert Virgil Cocke, account to the plaintiff, Joseph Richard Cocke, for the income, rents and profits of the said west one-half (W. %) of the said real estate, belonging to Joseph Richard Cocke, from and after the first day of January, 1924, and also the one-half of the interest, amortization payments, and…