Gutierrez

Application for a writ of mandate.

By the final decree in Emeric v. Alvarado, certain lands in the possession of persons claiming to be the successors in interest of the petitioner were awarded to the plaintiff, and, after its entry, a writ of possession was issued under the order of the court, by virtue of which the plaintiff was placed in possession of these lands. Subsequently an appeal from the judgment was taken on behalf of the petitioner herein, and after the appeal had been perfected a motion was made before the superior court, the respondent herein, on behalf of said evicted persons, to be restored to the possession of said lands. The court denied the motion, and the peti *172 tioner has applied to this court for a writ of mandate commanding the superior court to set aside the execution of the writ of possession, and to restore her and her successors in interest to the possession of said lands.

The application must be denied. The writ of possession was issued under an order of the court, and, if the court committed an error therein or in its subsequent order refusing to set aside the execution of the writ, the petitioner could appeal therefrom and have the error…