Malcom v. Stondall Land and Investment Company

MR. JUSTICE ANGSTMAN:

(dissenting)

I think the trial judge properly exercised his discretion in setting aside the default judgment.

The judgment was entered on December 14, 1951. It quieted title to the lands in controversy in plaintiffs and adjudged that no other person or persons had any interest therein and specifically included the minerals and mineral rights.

The moving parties, who are the heirs of the only stockholder in the Stondall Land and Investment Company, did not learn of the entry of judgment until May 26, 1952. Under section 93-3905 they were required to move within six months…