Southerland

This is an appeal from an order setting

aside a default judgment entered in a quiet title action.

Respondents were served with copies of the complaint and summons in this action on August 26, 1959. On September 4th and 6th appellants’ counsel advised respondents that the 10 days in which they had to appear and answer was expiring. On September 8th respondents’ counsel obtained by order of court an extension of time to and including the 22d day of September in which to appear and answer. On September 11th appellants’ counsel learned of that extension of time. On September 23d a secretary of defense counsel sent a letter *141 to appellants’ counsel wherein she advised him that respondents’ counsel was in attendance at the State Bar Convention and would appreciate a further 10 days’ extension of time. Under date of September 28th appellants’ counsel replied:

“A default in the above entitled matter was entered prior to receipt of your letter dated September 23, 1959, requesting another ten (10) day extension.

“This office is most anxious to discuss the merits of this ease pointing towards possible pre-trial settlement. We feel that because of the long standing issues here we…