Kibby v. Hensel

*230The opinion of the, court was delivered by

Benson, J.:

A judgment was rendered on service by publication against John F. Hensel and others, quieting title to the northwest quarter and the northeast quarter of a certain section, and other lands. Within the time allowed by the statute Hensel filed his motion to open the judgment and asked for leave to defend, under section 77 of the civil code. (Gen. Stat. 1901, § 4511.) Notice was given and an answer filed. This motion was sustained, and an order was.made that the judgment “be set aside and opened up as to the defendant, John F. Hensel.” The…