Beggs

Defendant Riordan appeals from an order denying her motion to set aside the judgment rendered against her and permit her to defend. The proceeding was commenced by petitioner Beggs under the provisions of the land title law adopted by the initiative method at the general election of November 3, 1914. Petitioner set forth in his petition that his title to the two lots described in the petition was acquired by virtue of two certain tax deeds of date September 25, 1915. The judgment purporting to establish petitioner’s title and to authorize registration thereof is based upon findings which recite that defendant Riordan could not with reasonable diligence be found and served in this state, and that service was made by publication of the statutory notice and by mailing of a copy thereof to appellant’s last known place of residence.

[1] Under the circumstances shown by the record there is no doubt that appellant’s motion, which was made within one year after the rendition of the judgment, should have been granted, if the affidavits of merits upon which the motion was made were sufficient. (Code Civ. Proe., sec. 473.) In her affidavit appellant stated “that affiant has fully and…