Gibson v. McClees

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to quiet the title of Chas. E. Gibson in a tract of land, as against Caroline. McClees. Service on defendant was obtained by publication and, no defense being made, judgment by default was taken against her. Thereafter the judgment was set aside, on motion, as provided by section 83 of the civil code, and J. V. Lycan, who had acquired the interest of McClees, was substituted as defendant. In the petition Gibson alleged he held the patent title to the land, which was vacant and wholly unoccupied, and that defendants…