Withers v. Miller

The opinion of the court was delivered by

Harvey, J.:

This appeal is from an order of the court refusing to open up a judgment rendered on publication service in an action to quiet title.

The facts disclosed by the record may be thus stated: Sebastian *124Miller, a resident of Illinois and the owner of certain farm land in Sedgwick county, Kansas, died in May, 1905, leaving a will by which he gave the use of this land to one of his sons, August F. Miller, during his lifetime, with the remainder to the brothers and sisters of August F. Miller in equal parts. August F. Miller occupied and used the…