Higgins

This is an action by one of the lessors in a lease of certain asphalt mines to recover royalties reserved in the lease. The facts as to the lease, and the conveyance by Mary A. Ashley, the other lessor, to the California Petroleum and Asphalt Company of a portion of the leased premises, are set out in the case of Higgins v. California etc. Co., 109 Cal. 304 , and need not be here repeated. After the decision of that case the defendant therein conveyed to the Alcatraz Asphalt Company, a corporation (also made a defendant in this case), the *375 property so conveyed to it by Mary A. Asliley. Since that conveyance the latter corporation has rained and taken from the premises so conveyed to it large quantities of bituminous rock, for which royalties are claimed by the plaintiff. Prior to that conveyance the former company had also mined and taken from the same premises other bituminous rock, for which the plaintiff also claims royalties. The plaintiff had judgment against the former company for the royalties accruing prior to the transfer to the latter company, and against both companies for those accruing after that transfer. Prom the latter portion of the judgment both companies…