Trapp

Defendants prosecute this appeal from a judgment in a suit in equity brought to vacate a judgment obtained by them as plaintiffs in a suit brought pursuant to the McEnemey Act (Stats. 1906, Ex. Sess., p. 78) against All Persons.

There is no material dispute as to the facts of the case, which are substantially as follows:

Defendants purchased certain real property on March 4, 1915, and upon paying therefor received a deed wherein one William Bradford was named as grantor, which deed was immediately recorded. They entered into possession of the premises and proceeded to erect a dwelling thereon, and on June 4, 1915, commenced a suit under the MeEnerney Act, which resulted in a judgment establishing the fact that they were the sole owners of the premises, which judgment was entered September 25, 1915. The proceedings in such suit are apparently regular and the judgment on the face of the record appears to be valid. The respondent was not in name made a party defendant in such suit nor was he personally served with summons therein.

In January, 1917, after the McEnemey judgment had become final, respondent Bradford appeared, claiming that the deed to appellants, and on which they…