Dennison v. Doreen

RICHARDSON, J., Pro Tempore.

Defendants appeal the denial of their motion to set aside a decree based on an order of default. The decree awarded plaintiffs an equitable lien on defendants’ property involved in the suit. The motion was made on the grounds:

"1. That the defendants had no notice by the Summons and Complaint to make them aware that a decree would be entered against them for money, in that the decree awards relief different than that prayed for in the Complaint.

"2. That defendants failure to plead was based on excusable neglect.

"3. That defendants have a meritorious defense to…