Lamb

Mandamus to require the superior court of Kern County to enter a judgment in conformity to the mandate of this court. On December 21, 1927, a decision in the cause entitled W. S. Lierly v. David H. McEwen was rendered herein reversing the judgment of the superior court of Kern County, and thereafter a remittitur was issued to such court on the twentieth day of February, 1928. The remittitur directed respondent herein to enter judgment in accordance with said decision. ( 87 Cal. App. 711 [ 262 Pac. 457 ].) McEwen has since died and petitioner is the duly appointed administratrix of his estate. The case involved the proportionate interest which certain locators of oil lands were entitled to under a leasing agreement with the Associated Oil Company and their interest in certain funds paid by the oil company and held by a banking company under a trust agreement. It was there determined by the judgment that defendant McEwen was entitled to 1/384 of seventy-five per cent of all oil realized by said oil company from the lands in question and 1/48 of all sums of money paid to the banking company by it for the use and benefit of all the locators. As pointed out in our opinion there were…