Myers v. Fox

This suit is for the foreclosure of a purchase-money mortgage executed by defendant to complainant to secure the payment of part of the purchase price of the mortgaged premises which were conveyed by complainant to defendant by a deed of conveyance containing a covenant of warranty of title. Defendant failed to answer and a final decree has been entered against him for the balance ascertained by the master to be due; the mortgaged premises have been advertised for sale pursuant to the decree. Defendant now seeks to be relieved of his default and to enjoy the protection of the defense set…