Cheatham

This is an application for the writ of mandate by which it is sought to compel the respondent court to dismiss an action in unlawful detainer. The alternative writ was not • issued, the petitioner preferring to bring the matter on for hearing upon notice to the respondent. Prom the petition it appears that D. W. Henderson filed a complaint in the municipal court (the petition fails to state the date), alleging a sale of certain property pursuant to the terms of a trust deed executed by the defendant, the petitioner herein; that the plaintiff became the purchaser thereat; that the plaintiff had served the defendant with a notice to vacate which she had refused to do; that he had been damaged in the sum of $50, the rental value of the property ■ to the time of the filing of the complaint; and that the rental value of the property was $35 per month. The defendant in that action, the petitioner here, interposed a demurrer to the complaint on the grounds (so far as we are able to judge from the very ambiguous pleading) that there was an action pending between the same parties in the superior court involving the ownership and possession of the property, and that the value of the real…