Holen v. Phelps

MR. JUSTICE CASTLES:

This is an appeal from an order denying a petition for relief from a default judgment under the provisions of R.C.M. 1947, section 93-3905.

The plaintiff, respondent herein, filed a complaint on July 16, 1951, against the defendants, appellants, and others to quiet title to a quarter section of land in Roosevelt County. Respondent’s attorney, after serving various parties within the State of Montana, made an affidavit for publication of summons, alleging that the last known address of the appellants was Malta, in Phillips County, Montana, and further alleging that from…