Granger

This is an application to this court for a writ of prohibition against further proceedings in the superior court of Nevada County in two certain actions in said court: 1. The action of Máry A. Benallaek against William G. Richards, James Benailack, and Francis L. Richards, as executors of the estate of Phillip Richards, deceased, and William S. Richards and William G. Richards, as individuals, begun February 11, 1895, and numbered 2343 in said court; 2. The action of Samuel Granger against the same parties, begun May 19, 1897, and numbered 2635 in said court. The general ground upon which prohibition is asked is that a judgment has been rendered in the first-named action which disposes of all the matters at issue between the parties in both actions and that said judgment has become final. Although the eases involve the same facts they will require separate consideration.

1. The complaint in the action of Mary A. Benallaek in substance stated a cause of action to quiet title to lot 28 in block 30 in Nevada City. The complaint alleged that Phillip Richards died seized of this lot on March 27, 1887; that his will was duly probated and the above-named parties appointed the executors…