Westboro Lumber Co. v. Schwenker

1. The respondent contends that the judgment and order appealed from should be affirmed because under sec. 269.46, Stats., the circuit court was without power to open the foreclosure judgment and permit a defense after *355one year from the time the bank had notice of the entry of the judgment of foreclosure, and that the cashier of the bank, and hence the bank itself, had notice of the judgment when he saw the advertisement of the sale of the land in the foreclosure judgment.

The affidavits presented in behalf of the petition to vacate the judgment and permit the commissioner to defend were to…