156 Wis. 457 | Wis. | 1914
The plaintiff relies on the efficacy of the judgment entered March 5, 1907, in the action of Bassett v. Iola Land Company declaring and establishing that Bassett had title to the premises in question and barring any claim under the record title of the lola Land Company, and any one claiming through or under it.
The record of tbis action shows tbat tbe plaintiff’s title is established and confirmed by a judgment rendered in an action brought under tbe provisions of sec. 3187, Stats., by one Bassett, who then owned tbe interest now held by tbe plaintiff against tbe record owner,of tbe defendants’ title. Tbe plaintiff in this action also alleges tbat tbe defendants persist in asserting tbeir claim of title to tbe land, in disregard of its rights under tbe judgment in tbe Bassett action.
Tbe trial court held tbat defendants were guilty of laches-in not seeking relief from tbe judgment in tbe Bassett action. If the ruling of tbe trial court is correct, then all tbe other claims of tbe defendants are immaterial to a final determination of tbe rights of the parties to tbe land involved in tbis action. Manifestly tbe judgment of record in tbe Bassett
One not a party of record, but who is the real party in interest, may on motion have a judgment vacated upon a proper showing one year after the entry. Sec. 2832, Stats.; Lampson v. Bowen, 41 Wis. 484.
Notice of the entry of a judgment is not required to be a written notice; it is sufficient if a party has actual notice thereof to require him to exercise diligence in seeking relief therefrom. Butler v. Mitchell, 17 Wis. 52. A party seeking relief from a judgment after notice thereof must proceed with reasonable diligence. Superior C. L. Co. v. Dunphy, 93 Wis. 188, 67 N. W. 428. The defendants, who al
By the GouH. — Judgment affirmed.