Thompson v. Sutton

COMSTOCK, J. pro tem.

This is an appeal from orders denying motions of the appellants to vacate and set aside a default and judgment, and to permit them to answer and defend the action on its merits.

The action was commenced as a suit in partition by the plaintiff, W. W. Thompson, against the defendant R. R. Sutton and “all persons unknown who have or claim any right, title, estate, interest or lien in or upon the real property described in the complaint or any part thereof.” It was alleged that plaintiff owned a four-fifths interest and defendant R. R. Sutton owned a one-fifth interest in six…