Sullivan

Petitioner presented his petition asking that respondents be ordered to enter a final decree in an action for divorce between petitioner and his wife which is pend ing in respondent court, and our alternative writ of mandate went forth. Respondents make return by demurrer to the petition.

The petition alleges that on September 27, 1922, petitioner and his wife entered into a written agreement for the settlement of their property rights; that the agreement provided, among other things, that petitioner " shall cause to be conveyed unto” the wife certain particularly described real property in Los Angeles County, and “shall further cause to be erected and constructed upon said real property a dwelling-house of five rooms”; that theretofore, on July 20, 1922, petitioner commenced in respondent court an action against his wife for divorce on the ground of desertion; that on April 5, 1923, respondent court rendered its interlocutory decree of divorce in that action, which decree adjudged in part “that the plaintiff shall cause to be conveyed unto the defendant” the real property already mentioned, and that “said plaintiff shall further cause to be erected and constructed upon said real…