Drinkwater

Action to quiet title. The verified complaint is in the usual form, ascribing possession and ownership of the property to plaintiff, and alleging an unfounded adverse claim of defendant thereto.

The answer controverts the ownership of plaintiff, and alleges that by deed duly executed on December 28, 1904, and delivered to defendant on January 11, 1905, plaintiff conveyed the land in question to defendant. The deed was recorded on January 12, 1905, and this action instituted on the following day. Judgment went for plaintiff, from which and an order denying defendant’s motion for a new trial made upon a bill of exceptions, he appeals.

On December 28, 1904, the respondent Drinkwater executed an “agreement for exchange,” which recited that he had placed with Rains & Hunter, who were real estate brokers acting as agents for both parties, the land in question (particularly describing it), which he desired to exchange for property consisting of $6,500 par value of the stock of the Toledo, Columbus and Cincinnati Railway Company, then owned by appellant, and authorized said Rains & Hunter to act as his agents in negotiating such exchange, and agreed if they should secure an acceptance…