Tracy v. McLaughlin

Stevens, J. —

This appeal is from an order overruling a motion iñ a partition action by John A. Beggs, appellant herein, a nonresident defendant, served with original notice by publication only-, to set aside a previous order by the court, approving the referee’s report of distribution. It is conceded that appellant did not appear in the partition action personally or by attorney. The decree fixing and establishing the shares of the parties and appointing a referee to make sale of the- land involved was entered December 19, 1919. -A sale of the land was had, and the report of the referee of…