Baske

Ninety-year-old Linnie Cooper was served (Aug. 6, 1978) with summons and copy of executor Hugo Baske’s complaint for partition and sale of a 19th century American masterwork painting by Charles Russell. Cooper sent several (at least five) documents written in her own handwriting to the “Clerk of the Superior Court.” These communications were placed in the court records but never filed as a response or answer to Baske’s complaint—despite her written request to “do what was needed [to] file,” an offer to “pay fees needed” and claim of right “1/4 interest” in the painting. On October 8, 1978, a judgment by default was entered against Cooper and her one-fourth interest in the Charles Russell painting declared to be a life estate valued at 4.06 percent instead of the one-fourth outright ownership claimed by her. The painting sold for $185,000.

On February 21, 1980, Cooper orally moved to set the default aside, whereupon the court upon stipulation of the parties agreed to hear Cooper’s motion. After an evidentiary hearing Cooper’s motion was granted and the default judgment taken against her vacated upon the grounds the court clerk mistakenly refused to file papers and…