Granger v. Sherriff

GRAY, C.

This is an action to foreclose a mortgage given to secure the payment of a note for the principal sum of $48,-500, besides interest and attorney’s fees. The plaintiff had judgment, and defendants appeal therefrom, and urge three grounds of reversal, which we will notice in their order.

1. The sufficiency of the summons is challenged, and a motion was made to quash the same, on the ground that it did not conform to the requirements of section 407 of the Code of Civil Procedure, in that it did not contain a notice.that unless the defendants appear and answer, “the plaintiff will take…