Heatly v. Heatly

This is a motion to dismiss an appeal arising out of an action to quiet title to real property. The action was brought on June 11, 1946, and an affidavit was filed showing personal service on the defendant on July 1, 1946. The default of the defendant was entered on August 1, 1946, and an order for judgment and a decree quieting title in the plaintiff were filed on August 5, 1946.

On January 30, 1947, the defendant filed notice that on February 3, 1947, she would move to set aside her default and the judgment and for permission to file an answer and cross-complaint, the motion to be based on…