MacKay v. Bacon

ADAMS, J.:

On July 14, 1942, a final decree of foreclosure was entered upon constructive service of process wherein Christy Ann MacKay was plaintiff and Roger W. Bacon , was defendant. On May 24, 1944, Bacon procured permission of the court, which entered the foreclosure, to. file a bill to vacate the decree of foreclosure upon the ground that reasonable diligence was not exercised to learn of his address and place of residence as a prerequisite to obtaining constructive service of process. The court denied a motion to dismiss the bill; an answer was filed and testimony was taken. Upon final…