Erath v. Glenn

*56The opinion of the court was delivered by

PORTER, J.:

On January 6, 1905, the appellant, Glenn, procured a tax deed on a quarter section of land in Greeley county belonging to Emma Erath, who was a nonresident of the state. Immediately, thereafter he recorded the deed and conveyed the land to one Rogers, and took from him a note and mortgage for $6000, covering this and other lands. The note matured in ten - days, and at once after its maturity a foreclosure suit was brought in Glenn’s name as plaintiff against Rogers and Mrs. Erath as defendants. The only service upon her was by publication. A…