Gutierrez

Application for a writ of mandate.

In the action of Emeric v. Alvarado, for the partition of the Rancho San Pablo, the above-named petitioner was one of the defendants claiming a portion of the *104 land, and by the final decree was awarded one portion of the land claimed by her — another portion, designated as lot No. 198, being allotted to H. F. Emeric. This decree was entered March 3, 1894, and notice thereof served upon the petitioner upon the same day. By the terms of the decree it was ordered and adjudged “that the several parties to this action do forthwith surrender and deliver up the possession of such parcels of said rancho as they now respectively occupy, -which have not been allotted to them in severalty by said decree, and that in default thereof writs of possession shall, on the application of any of the parties thereto, be issued by the cleric of said court and under the seal thereof, directed to the sheriff of the county of Contra Costa, commanding him to place said parties in the quiet and peaceable possession of the said parcels allotted to them as aforesaid, and to remove all other persons therefrom.” At the date of the decree, and for several j’ears prior…