Davidson

Action to quiet title to certain lots in the city and county of San Francisco, under the so-called Mc-Enerney act (Stats. 1906, p. 78). The complaint describes four separate lots.

The summons was served by publication, as provided for in the said act. It does not appear that personal service was made on any defendant, and the judgment recites that no appearance was “made by any defendant”; and “proof having been adduced of all the facts alleged in the complaint and other papers and pleadings on file herein, ... it is hereby ordered, adjudged and decreed that said plaintiff ... is the owner in fee simple absolute and in the actual and peaceable possession of the real property hereinafter described, and the whole thereof; that no other person has any interest ... in or to said real property . . . and that her title thereto be, and the same is hereby established and quieted as against all the world.” This judgment was entered and filed on October 27, 1909.

On October 15, 1910, appellant served and filed her notice of motion for an order setting aside said judgment, “based upon all the files, records and papers on file in said matter, upon this notice of motion, and upon the…