Merriam v. Gordon

The original action in this cause was instituted in the district court of Cass county by defendant, in error in the year 1878. The purpose of the suit was to procure the cancellation of certain tax deeds which had been executed to the lands described in the petition. Service was had by *407publication. A default was entered and decree rendered in accordance with the prayer of the petition.

On the 7th day of April, 1884, and within four years from the date of the decree, the defendant in the action (plaintiff in error here) filed his motion to open the judgment and decree, under the provisions of…