Jones v. Alexander

In an action to ‘ ‘ establish and enforce a trust in real property held in joint tenancy,” a “decree quieting title” was entered in favor of appellant. Five months and 28 days after such entry the defendant served and filed his notice that on February 7, 1950, he would move the court to vacate and set aside the decree on two grounds, to wit: (1) the decree is void in that it awarded a different relief from that demanded by the complaint; and (2) the judgment was entered “by the mistake, inadvertence, surprise and excusable neglect of the defendant.” The hearing was neither had nor the motion…