Perkins v. Gregory

The opinion of the court was delivered by

BURCH, J.:

Perkins brought suit to quiet title against Spaulding and others. Service was made by publication and judgment was rendered for the plaintiff by default. In due time Spaulding procured the judgment to be opened and filed an answer and cross-petition denying title in Perkins, alleging ownership in herself, alleging that subsequent to the decree Perkins had conveyed the land, which was worth $1200, by warranty deed, and praying judgment either for the title or for the value of the land. Perkins then dismissed his cause of action for affirmative…