Lundblade

This is an appeal from an order setting aside a default judgment in a quiet title action.

Question on Appeal

Was there substantial evidence to support the trial court’s order ?

The Record

On March 7, 1957, the plaintiff filed an action to quiet title to real property against two named defendants, George E. Phoenix and Natural Resources, Inc., a corporation. Pursuant to an affidavit, an order was made on May 24, 1957, that service be made on said defendants by publication. Thereafter, on February 24, 1958, a decree quieting title against both defendants was made and entered. On February 8, 1962, Jean Cantrell, as administratrix of the estate of George E. Phoenix, filed a notice of motion to set aside the default and the default judgment entered against George E. Phoenix. Concurrently with said motion the said Jean Cantrell filed an affidavit in support of said motion. The said affidavit is set out in its entirety in the footnote. No counteraffidavit was filed by the plaintiff. The motion came on for hearing on February 26, 1962, at which time a certified copy of a certificate of death of one George Phoenix was presented to the court and filed. This certificate was certified by…