McNally v. McNally

This is a proceeding to set aside a judgment by default and confirmation of a .sale in a- partition action, and to be permitted to defend. The trial court denied the application. We affirm the judgment of the trial court.

The action was originally instituted iri July 1939. Madonna McNally was plaintiff. Two sisters and two brothers and their wives, and ,the tenants on the. land ■were named defendants. '

The petition alleged that Jane McNally, one of the defendants, held the title to the real estate in trust for herself, the plaintiff, and the other defendants, not including the tenants.…