Katz v. Swanson

This is an action in equity brought by the plaintiff for the purpose of declaring a sheriff’s deed null and void, and to quiet title in favor of plaintiff and against the defendant. The defendant demurred to the plaintiff’s amended petition. The demurrer was sustained. The plaintiff elected not to plead further and the petition was dismissed. Plaintiff appeals.

*792For convenience, the appellant will hereinafter be referred to as plaintiff and the appellee as defendant.

The amended petition raises the question as to the sufficiency of the affidavit for service by publication and alleges that sqch…