Taylor v. Phelan

On August 9,1943, the appellant sued the appellee Phelan and others to quiet title to a city lot owned by Phelan, but which appellant had acquired by an Auditor’s tax deed dated April 19, 1942. Service was had on Phelan, a non-resident, by publication. Default judgment quieting the title was entered on November 24, 1943.

On September 29, 1944, Phelan filed an action against the appellant and others, alleging the existence of certain statutory insufficiencies in the course of the sale and issuance of the deed to the appellant, and praying that said deed be held invalid to convey title.

Later, on…