Dunlap v. Denison

The opinion of the court was delivered by

Porter, J.:

Charles E. Gibson lives at West Newton, Mass. Harry W. Dunlap brought suit against Gibson to quiet title to a tract of land in Cheyenne county, and obtained service upon him by publication only. On May 28, 1907, judgment by default was taken in favor of Dunlap. On August 15, 1908, Gibson filed an application to open up the judgment under section 83 of the code of 1909, gave notice to the adverse party of his intention to make the application, as provided by the statute, and filed a full answer to the petition. The affidavits in support of…