Arnout v. Chadwick

Jackson, C.

This is an appeal from a decree of the district court for Douglas county, setting aside a former decree rendered in that court. It appears from the pleadings and the evidence that the appellant, defendant herein, on November 7, 1903, filed a petition in equity against the appellee, *621plaintiff herein, to compel the conveyance of certain real estate in Douglas county, which it was alleged the appellee held for him in trust. Personal service of summons was had on the appellee, who failed to appear, and on the 28th day of December of that year the appellee was defaulted, and upon a…