Green

Prior to the litigation hereinafter mentioned, and from which these proceedings arise, the petitioner, James E. Green, entered into an agreement for exchange of properties with William E'. Rhoades and wife, whereby the latter acquired possession' of an apartment house, and certain furniture and furnishings. Upon the execution thereof the vendees signed a conditional sale contract by the terms of which they agreed to pay $8,500 for the personal property in monthly installments, and which was dated February 1, 1928. Thereafter Rhoades and his wife instituted a suit for rescission of the exchange contract, alleging fraud and misrepresentation, numbered 250325, in the Superior Court of Los Angeles County. During the pendency of the suit last mentioned, Green in turn filed in the Superior Court an action in unlawful detainer, which was numbered 257059, and one numbered 257997, for replevin of the personalty. After certain continuances, the plaintiffs in the case numbered 250325 were awarded judgment for rescission, and for $13,723.58, which was made a lien upon the furniture and furnishings. Green appealed from the judgment, and furnished an undertaking for the purpose of staying…