State ex rel. Burkholder v. St. Joseph Probate Court

Relator has brought original action in this court for writ of mandate and prohibition ordering respondent court to grant relator a change of venue *105from the judge and to desist from further proceedings in an action by relator in the estate proceedings for specific performance of a contract for sale of real estate owned by decedent. We issued the alternative writ.

Respondent contends his refusal to grant the change of venue was proper because a co-executrix of said estate had previously filed a petition to sell said real estate in the estate, in which a change of venue from the judge had been…