J. D. Sawyer

BROWN, J. -- This is an appeal from an order granting a motion of defendant, Gustason, a resident of Minnesota, to set aside a decree pro confesso and final decree in favor of complainant and allowing him to file an answer theretofore tendered for filing. The motion was filed six months after the entry of the final decree attacked, which decree had been rendered in a suit to quiet title. The motion alleged that the defendant had not had any legal notice of the institution of the suit; that the affidavit and notice of publication were insufficient in law; that the defendant had an agent in the state upon whom service by subpoena could have been had; that he had been in quite and undisputed possession of the property for over seven years and was in possession when the suit was filed; that defendant's title was superior to complainant's claim, and that complainant or his solicitor knew, or by reasonable diligence could easily have obtained, defendant's post office address. The bill and the affidavit of non-residence attached thereto, had alleged that the defendant Gustason was a resident of some other state than the State of Florida, but his place of residence and address were unknown, yet believed to be within the United States, and that there was no person in the State of Florida service of subpoena upon whom would bind the defendant. The bill also alleged that the lands were wild,