Stanton v. Eastman

This is an action in partition. The purchaser at the referee’s sale under the interlocutory judgment objects to the title tendered, on the ground that it is not marketable. Plaintiff obtained ah order for service of the summons upon non-resident defendants, on an affidavit which reads as follows:

“ Emma L. Stanton, being duly sworn, says she is the plaintiff in the above entitled action; that the defendant Josephine D. Bobst resides at the City of Toledo, State of Ohio, and that the defendants Walter Lyon, Jessie Lyon and Bertie Lyon reside at San Francisco, California.

“ That deponent knows…