Seventy-Six Land & Water Co. v. Superior Court

This is a proceeding upon certiorari for the purpose of reviewing the action of the superior court of the county of Fresno in adjudging the petitioner guilty of contempt.

On February 21,1890, that court, in an action therein pending for specific performance of an agreement to convey land, in which one Abbott was plaintiff, and the petitioner here the defendant, entered a judgment in favor of the plaintiff, Abbott, the material part of which is as follows: “It is hereby ordered, adjudged, and decreed that the plaintiff herein, O. L. Abbott, have judgment as prayed for herein against the defendant, the ’76 Land and Water Company (a corporation), that as to all that certain tract or parcel of land situated in the said county of Fresno, .... described as follows, to wit, . . . . the said defendant, the ’76 Land and Water Company (a corporation), is the trustee of said plaintiff, O. L. *141 Abbott, and, as such trustee, said defendant holds the legal title to said property in trust for plaintiff, the said legal title to be by defendant conveyed unto plaintiff by defendant on payment therefor as herein provided; that said plaintiff is the owner of the right to buy the said 320-acre…