Graham

This proceeding is before us based upon an application of the above-named petitioner, and order to show cause why the respondent court and Honorable C. J. Luttrell, the judge thereof, should not refrain from further proceedings in a certain action pending in said court entitled, “Minerals Recovery Corporation, Ltd., a corporation plaintiff, v. Robert J. Graham and Mary Doe Graham, his wife, defendants”.

It appears from the record that the above-entitled cause was tried in said superior court and judgment entered therein in favor of the plaintiff for the possession of the lands and premises known as certain mining claims, and that a writ of assistance will be issued in said action to place the plaintiff in possession thereof. The judgment in the action is to the effect that tbe plaintiff have judgment against the defendant restoring the possession of the premises described in the complaint to the plaintiff. The judgment in itself does not purport to affect the title to the premises. There is nothing in the judgment adjudging that either the plaintiff or the defendants have title to the disputed premises. The findings upon which the judgment is based go further and do find that the…