Dean v. Metcalf

The opinion of the court was delivered by

Burch, C. J.:

The proceeding was one by petition to vacate a *175judgment against the makers for the amount due on a promissory note, and to foreclose a real-estate mortgage securing payment of the note. The district court refused to vacate the judgment, and a guardian for the defendants in the foreclosure- action, appointed subsequent to rendition of the judgment, appeals.

The foreclosure action was commenced in April, 1932. The defendants were George Metcalf and Lizzie Metcalf, who were husband and wife. Defendants resided on the premises, and the…