Whiteman v. Cornwell

The opinion of the court was delivered by

Dawson, J.:

This appeal presents the too familiar 'predicament of a man whose right to a tract of land has been cut off by a judgment founded on a publication service pursuant to the statutes.

The plaintiff, who had little or' no claim -to the land, filed a suit against the defendant, Nicholas Wagener, and others, claiming to be the legal and equitable owner.of the land in controversy and other lands mentioned in his petition, alleg*235ing that the defendants claimed some estate or interest therein, but whatever such estates or interests might be they were…