Morton v. Gilbert

This is an appeal from an order vacating a judgment based upon service by publication.

The record discloses that on the 14th day of December, 1944, E. L. Morton, hereinafter called plaintiff, filed an action in the district court of Garvin county, Oklahoma, to quiet title to real estate. The defendants in said cause were Martha Gilbert (now King) and J. H. Gilbert, and if deceased, then, in the alternative, their unknown heirs, executors, administrators, devisees, trustees and assigns.

Summons was issued for Martha Gilbert (now King) and J. H. Gilbert and returned “not found” by the sheriff of…