Hakes v. Phillips

Appellee was the holder of a second mortgage executed upon certain real estate by the appellant and his wife. The appellee instituted an action for the foreclosure of said mortgage. Original notice was served upon appellant and his wife. The original notice recited that the appellee would ask for the appointment of a receiver. The appellants appeared in said action by their counsel, but did not file any pleading. A decree was entered in said foreclosure proceeding. The decree was marked “'O. K. ” by appellants’ counsel. The decree foreclosed said mortgage, and directed a sale of the mortgaged…