Moore v. Horner

This action was brought by appellee in *288the court below under section 396, R. S. 1881 (399, Burns’ R. S. 1894), to set aside a default and judgment of said court quieting appellant’s title to certain real estate.

That part of the complaint which it is.claimed sets out “the facts which show that the judgment was taken against appellee through his mistake, inadvertence, surprise or excusable neglect,” is substantially as follows: “The original action to quiet title was commenced by appellant in the Booné Circuit Court on December 30,1892, against appellee and others, including one Richard M.…