Potts v. West

The opinion of the court was delivered by

Burch, J.;

A defendant in an action to quiet title, who had been served by publication and had made default, petitioned the court to vacate the judgment in favor of plaintiffs^on the ground the judgment had been procured by fraud. A demurrer was sustained to the petition to vacate, and defendant Falkenberg appeals.

In May, 1914, Falkenberg commenced an action to foreclose a mortgage on the land in controversy, given by O. M. West to L. M. McClure and assigned byJVIcClure to Falkenberg. The petition alleged that Potts and wife claimed an interest in the…