Wade v. Swartzendruber

There is but one question involved here, and that is as to whether or not a default judgment should be set aside, under the facts and circumstances revealed in this record.

For an understanding of the problem, a somewhat complete statement of the historical facts is imperative. Chronologically, the events are: The appellee, Wade, prior to the commencement of the action at bar, executed a note for $3,000, which was secured on land then owned by him. Subsequently, appellee sold the incumbered real estate to the appellant Swartzendruber, who assumed and agreed to pay the mortgage indebtedness.…