Hecht

This is an appeal from an order denying the motion of the defendant to dissolve an attachment.

The action is one in which the plaintiffs seek to recover damages for fraud in the sale of real property. The fraud is alleged to have consisted of the failure of the defendant to reveal to the plaintiffs the fact that he had received notices from the county of Los Angeles with respect to the subject of the necessity of making certain corrections in parapets. It is further alleged in the complaint that the defendant is a resident of the state of Colorado and that he has deposited with the Title Insurance and Trust Company in Los Angeles a promissory note, together with the deed of trust securing the note, which note was given as part of the purchase price for the property.

Pursuant to the application of the plaintiffs a writ of attachment was issued. Acting thereunder, the sheriff attached the note and deed of trust.

The attachment was made under the provisions of section 537, subdivision 3, of the Code of Civil Procedure. Thereunder, a plaintiff may have the property of a defendant attached, as security for the satisfaction of any judgment that may be recovered, in the following…