Harvey v. Dolan

The opinion of the court was delivered by

West, J.:

The plaintiffs appeal from an adverse judgment in an action to open up a decree in a former suit to quiet title to the real estate involved, to recover possession, and for rents and profits.

Emma Dolan died intestate in 1910 owning the land in controversy and leaving as her only heirs her husband, the defendant, and Fred Myers, her son by a former marriage. In 1911 the defendant sued to quiet title, making Fred Myers defendant, if living, and if dead, the unknown heirs, executors, administrators, devisees, trustees and assigns. Proper service…