Casey

Action to quiet title. Judgment for plaintiff. Motion for new trial denied. This appeal is from the judgment and order. On July 24, 1893, and prior thereto, one L. Frank Ciar was the owner and seised in fee of the lands in controversy; and was then in insolvent circumstances and owed, among others, one Adolph Sommer the sum of four thousand eight hundred dollars, besides interest. On said date the said L. Frank Ciar made a bargain and sale deed of said lands to his brother, Leo II. Ciar. On September 11, 1893, said Sommer assigned the indebtedness so due him from L. Frank Ciar to defendant Leggett, and on September 21, 1893, Leggett commenced an action in the proper court against said L. Frank Ciar and had a writ of attachment issue, which said writ was levied upon the said lands September 22, 1893. On the following day, September 23d, the deed made by said L. Frank Ciar to his brother, Leo H., was placed on record in the county where the lands are situated. October 15, 1894, said Leo H. Ciar made a quitclaim deed of said lands to plaintiff, and on the 25th of the same month said Leggett recovered judgment against said L. Frank Ciar. On December 17, 1894, the defendant Leggett…