Blackburn

This is a suit to quiet title to certain real property situated in Humboldt county, and was brought against the Bucksport and Elk River Railroad Company and certain fictitiously designated defendants and “all other persons unknown, claiming any right, title, estate, lien or interest in the” said real property adverse to plaintiff’s title thereto. The suit was instituted under the provisions of sections 749, 750 and 751 of the Code of Civil Procedure. Summons was duly served upon the corporation, and as to the other defendants, the summons was published, under an order of the court, in a newspaper printed and published daily in the city of Eureka, in said Humboldt county. The railroad company appeared and answered the complaint, and there being no appearance by or on behalf of the fictitious defendants, or of any “unknown persons,” claiming any interest in the property adversely to plaintiff, a default was entered against them. Subsequently the appellant appeared and moved the court to set aside the default as to him, so that he might be permitted to answer the complaint. By consent of counsel the default against the appellant was set aside, and he thereupon answered the complaint…