Maher

The defendant was sued in two separate actions to quiet title against any claim asserted by him in certain shares of stock of Kadota Mutual Water Company, represented by certificates described in the respective complaints. One action was brought by Citizens National Trust & Savings Bank and the other by Title Insurance and Trust Company, each of whom claimed as pledgee of W. G. Loomis. Prior to the commencement of the actions execution had been levied upon such shares as the property of W. Gr. Loomis, the judgment debtor, and a sale of the shares to the defendant was had. In each action the defendant interposed the defense and prayer for affirmative relief based on his allegations of ownership of such shares by virtue of the execution sale to him. The cases went to trial on the issues framed by the complaints and answers, i. e., on the question of the validity of the sale to the defendant. The court in each case made its findings that the proceedings on execution and the sale to the defendant were void as against the plaintiffs’ titles and that the plaintiffs were respectively the owners of the shares of stock involved in each action, and were in the possession, and entitled to…