Simington v. Cubberly

*200The opinion of the court was delivered by

Smith, J.:

The action is one in partition. One of the defendants filed a motion after the judgment was entered, in which she asked that it be vacated and held void under R. S. 60-3009, which was denied. From the order denying this relief she appealed.

Mabel Melvin Simington filed her action in partition in the district court of Butler county, naming as defendants Martha E. Melvin, her mother; Merle E. Melvin, her brother; and Mathil Melvin Cubberly, her sister, who is appellant in this case, together with various parties who will be noticed later in this…