Coley

The petitioners seek by this proceeding in certiorari to have annulled two orders dated respectively August 9 and August 26, 1927, made by the respondent Court in an action in forcible detainer commenced by Grace Lanza against the petitioners Hogan, Craig, and others to obtain possession of an apartment house in San Francisco to which she claimed to have acquired title by purchase at trustee’s sale. The orders challenged were made subsequent to a - dismissal of the action by plaintiff, but before the action was tried, and relate to the restoration of the property.

It appears from the record that on July 7, 1927, a few days after the complaint in said action had been filed, the plaintiff therein, Grace Lanza, went into possession of the disputed property. As to whether her entry was made peaceably, the parties are not agreed, but that question is one with which we are not here concerned, for admittedly, on the day mentioned, she went into actual possession of said property. The next day the petitioner Hogan filed an answer to the complaint, and on July 19th made written application for the appointment of a receiver. The application, which was resisted by the said Grace Lanza, came…