Everett

The plaintiff brought this action December 24, 1924, to quiet her title to several parcels of land. The defendants alleged that in an action prosecuted by them against plaintiff’s predecessor in interest, prior to the acquisition of title by the plaintiff, they had caused a writ of attachment to be duly levied on said lands and that such action was still pending and undetermined. They prayed “that plaintiff may take nothing by this action; that further proceedings herein may be stayed and continued until such time as the rights of the parties in said cause . . . may .be determined and adjudicated”; and for other relief.

The court found, in substance, that the defendants commenced an action against Mrs. L. J. H. Hastings September 28, 1923, to recover the sum of eleven thousand dollars alleged to be due them on contract; that in that action a •writ of attachment was duly levied on part of the land described in the complaint herein which at that time belonged to and stood of record in the name of Mrs. Hastings; that the attachment has not been released or discharged and the action in which it was issued “has not been dismissed or terminated, but still remains pending and…