Headley
Headley v. Van Ginkel
Opinion
Lead Opinion
Houser, J.
This is an appeal from a judgment in a suit brought for the purpose of setting aside an order there tofore rendered in a proceeding instituted under the so-called Land Title Law (Stats. 1914 [1915], p. 1932), for the registration of land, by which order a former order made in the same proceeding was vacated.
Briefly stated, the history of the matter is as follows: By virtue of an appropriate proceeding, a decree was rendered by which certain land apparently belonging to the plaintiff herein was duly registered. Seventeen months thereafter, on the ground of fraud as to him, the defendant herein petitioned in said proceeding for the cancellation of the order formerly made therein and for equitable relief in the premises. Following a hearing in said matter, the order originally made in said proceeding was vacated and a new order was made affecting the title of the properties of the respective parties. After the lapse of a period of more than eleven months following the date of the order last made, the instant action was commenced for the purpose of canceling the second order made in the Land Title Law proceeding, which action, as hereinbefore indicated, resulted in a judgment by…