Sturgiss v. Dart

The opinion of the court was delivered by

Fullerton, J.

In November, 1896, one Homer J. Sbinn, as executor of the estate of Edwin K. Sturgiss, deceased, began an action in the superior court of the county of Spokane to reform and foreclose a mortgage executed by Gorham P. Dart and wife to Edwin K. Sturgiss upon certain real property in that county, making defendants in the foreclosure action the respondent John Ellinger, and others. Summons was duly issued and served upon certain of the defendants personally, and a purported service by publication was made on Ellinger. On February 19, 1891,…