St. Marie v. CHESTER B. BROWN COMPANY

McFADDEN, Justice.

One John R. Burke, instituted this action to quiet title to certain real property in Minidoka County, naming the Chester B. Brown Company, appellant herein, and one LeRoy Fenton, as defendants. Respondent who later purchased the property, was substituted as the plaintiff. Fenton did not appear and default was taken against him. The defendant company by its answer, claims an interest in the property, based upon a judgment against Burke. Plaintiff moved for summary judgment on the record. The court granted his motion and entered judgment, quieting title in plaintiff as against…