O'Leary

Plaintiff brought this action to recover the sum of $3,000 alleged to have been paid to defendant under compulsion. Prom a judgment in favor of plaintiff, defendant appeals.

The plaintiff corporation was the owner of a certain tract of land and had negotiated an advantageous sale of a portion of the tract. While the purchase money was in escrow defendant levied execution upon the entire tract based upon a judgment against one J. M. Danziger. The purchaser threatened to cancel the contract unless the property was released from the levy. Plaintiff immediately brought a suit against defendant and the sheriff making the levy, seeking to enjoin the sale under execution and to quiet title to said property. While said suit was pending, plaintiff, in order to prevent the loss of the sale to the purchaser, was compelled to pay to defendant the sum of $3,000 to obtain a partial release. Subsequently the suit was tried and plaintiff obtained the injunction and decree quieting its title to the property. Among other things the court found in that suit that plaintiff was the owner of the premises and that defendant’s judgment debtor, J. M. Danziger, did not at any time have any right, title or…