Meldrim

The defendant R. M. Doyle appeals from a judgment in an action to quiet title to real property arising out of the following facts, which are not disputed:

In March, 1928, George Hurley gave Doyle a mortgage on certain personal property to secure the payment of rent thereafter to accrue. In August, 1928, David Carr obtained possession of the mortgaged property and exchanged it with J. E. Gruben for three lots, the title to. which is the subject of this action. On September 12, 1928, Carr conveyed the lots to the plaintiff G. D. Meldrim, the deed therefor being recorded on September 26, 1928. Claiming that Carr represented to Gruben at the time of the exchange that said personal property was clear of encumbrance, Doyle, on the day following the recordation of the Meldrim deed, obtained from Gruben an assignment of any cause of action which might have accrued to Gruben out of the transaction, and brought an action thereon against Carr to recover the value of the lots and caused a writ of attachment to be issued and levied upon the same; whereupon Meldrim instituted this suit to quiet title, adding a second cause of action for damages' for an alleged malicious attachment, and making…