Jermany v. Hartsell

Jermany and his wife filed their verified complaint under Ark. Stats. (1947), § 29-506, seeking to set aside a foreclosure decree for unavoidable casualty which prevented their appearance. The chancellor sustained the appellees’ demurrer to the complaint; from his order of dismissal comes this appeal. The only question is as. to the sufficiency of appellants ’ pleading.

The complaint asserts unavoidable casualty in that neither Jermany nor his wife was served with summons or had any knowledge of the suit. These allegations are sufficient. Hunton v. Euper, 63 Ark. 323, 38 S. W. 517. While the…