Miles v. Boyle

Plaintiff brought this action to quiet title to certain lands, and made one Albert C. Boyle defendant. Judgment by default was taken as against Albert C. Boyle, and after-wards, upon a showing made by the heirs of Boyle to the effect that said Boyle died prior to- such judgment, the judgment was opened up, and such heirs allowed [o- answer.. In such answer, they denied plaintiff’s claim of title, alleged title in themselves, and prayed affirmative relief by asking that title to such land be quieted in them. They failed, however, to -designate any part of such answer as a counterclaim. The…