Colwell v. Chernabaeff

The defendants are attempting to appeal from a default decree of strict foreclosure of a land sale contract. The defendants contend the trial court erred in entering the order of default and the decree and in refusing to set aside the default and decree.

After a hearing defendants’ demurrer to plaintiffs’ complaint was overruled on May 29, 1969, the defendants were given 10 days “to further plead.” Notice of such order was given to defendants’ attorney. On June 4, 1969, defendants’ attorney served and filed a document captioned, “Notice,” in which it was stated that defendants had never been…