Taliaferro

Plaintiff appeals upon a clerk’s transcript from an adverse judgment in an action to reform a certain deed.

Questions Presented

1. Was the default judgment against defendant Hays res judicata as against defendant Davis?

2. Alleged failure to properly plead a property settlement agreement.

Record

Plaintiff sued M. R. Hayes, Consuelo Hays and Kathryn Lambert to reform a deed alleged to be dated March 6, 1943, and executed by M. R. Hays, Consuelo M. Hays, his wife, and *236 Kathryn Lambert, to plaintiff, and notarized as of the same date. Plaintiff alleged that through mistake and inadvertence the deed was dated 1943 when the correct date was 1946, and asked that the deed be amended to show the latter date. * Hays defaulted, and on October 14, 1958, a default judgment was entered against Hays reforming the deed as prayed for in plaintiff’s complaint. On October 30 plaintiff filed an amended complaint which was substantially the same as the original complaint except that it added as additional defendants plaintiff’s former wife, Dorothy Davis, and Fauna Defoe, who it alleged was the notary who inadvertently dated the acknowledgment of the deed as of 1943 instead of the true date,…