Stewart v. Scully

The opinion of the court was delivered by

Johnston, J.:

This is a proceeding to reverse a ruling of the district court of Sedgwick county opening up a judgment rendered May 12, 1887, quieting the title to two lots in the city of Wichita. The judgment was rendered without other service than by publication, and the defendant made an ap*492plication, under § 77 of the code, to have the judgment opened and to be let in to defend, and he supported his application by an affidavit setting forth the nature of his title to the lots; that at all times during the pendency of the action he was a resident of…