Brown's Tie & Lumber Co. v. Kirk

BURNETT, Judge.

The question presented is whether a default judgment, quieting title to a mining dredge, should be set aside. The judgment was entered by a magistrate in favor of Brown’s Tie & Lumber Co., the owner of land where the dredge was located. An adverse claimant, Douglas Kirk, later appeared and sought relief from the judgment. Relief was denied. On appeal, the district court conducted a de novo hearing •and entered its own order denying relief. The instant appeal followed. We affirm.

This suit was filed many years after the dredge had fallen into disuse. It somehow came to be located…