Downey State Bank v. Major-Blakeney Corporation

CROCKETT, Justice:

Defendant Dr. Joseph L. Krofcheck, a California resident, appeals attacking the trial court’s refusal to grant his motion to set aside a default foreclosure on two mortgages covering lands in Summit County. He contends: (1) that the court did not acquire jurisdiction because (a) the plaintiff’s affidavit was insufficient to justify an order to publish summons 1 ; and (b) that no diligent search and inquiry was in fact made; (2) that the summons as published was defective, and (3) that the motion should have been granted on equitable grounds. The land in question, part of the…