Martin

The appeal is by the plaintiff on the judgment-roll, and the only question is whether the findings support the judgment. The action is to quiet the plaintiff’s title, founded on a sheriff’s deed under a sale for taxes; and the findings show that while the proceedings in the tax suit were pending, the plaintiff was the Court Commissioner, and the decree under which the land was sold was drafted by him or under his supervision. It further appears that in point of fact the court never acquired jurisdiction to render the decree, for want of a due service of process; but the decree on its face recites that process had been duly served, and that all parties in interest had been duly summoned.

By the act of April 4, 1864 (Statutes 1863-4, p. 399), the duties of the Court Commissioner in such cases are prescribed. It provides that in tax suits, where the summons has been duly served and no answer has been filed within the time limited, “ default shall be deemed made by the de *501 fendants, and without entry thereof by the clerk, the same shall be deemed referred, upon the plaintiff’s motion, without entry of such motion, or any order to the Court Commissioner, who shall ascertain the…