Page v. Sawyer

The opinion of the court was delivered by

Marshall, J.:

This action was brought to set aside a judgment. Judgment was rendered in favor of the defendants, and the plaintiff appeals.

In 1904 the defendants, Georgiana Sawyer, Electa A. Sawyer, Lemuel Sawyer, and Eva M. Lembke, obtained a judgment against the plaintiff and others quieting title to certain real property in Topeka. The judgment was obtained on *613service by publication. In the present action, the plaintiff alleged that the judgment quieting title was obtained by fraud. The fraud alleged was that the allegations of the petition and of…