Schmuck v. Sampson

This is an action to quiet title. Plaintiff and the defendant Ed Sampson are owners of adjoining tracts of land in the City of Yankton. The matter in dispute is the boundary line between the two tracts. Judgment was entered in favor of defendant Sampson and plaintiff appealed.

The action was commenced by service of process on defendant Sampson on April 4, 1940. This defendant failed to appear or answer, and a default judgment quieting title in plaintiff was made and entered July 19, 1940. Motion to set aside the judgment and for leave to answer was made by defendant Sampson on November 26,…