Brenholts v. Miller

The opinion of the court was delivered by

Benson, J.:

The only question in this casé is. whether a judgment entered by default quieting title upon a tax deed set out in the petition is void merely because the tax deed' is, upon its face, void as a conveyance. The argument is that because the petition affirmatively showed want of title in the plaintiff under-the tax deed a valid judgment could not be rendered in his favor, and that the judgment in fact entered thereon should be set aside as a nullity under section 575 of the civil code.

The motion filed by the defendant to set aside the judgment…