Holmes v. Polk City Savings Bank

HARRIS, Justice.

An action to foreclose a real estate mortgage resulted in a default judgment against the mortgagors. More than a year later this action was brought, on the assertion that the original notice in the foreclosure action was fatally defective. Finding there was no fatal defect, the trial court dismissed the petition to vacate. We affirm the trial court.

The caption of the challenged original notice properly identified the trial court, the plaintiff bank which was seeking the foreclosure, the defendant mortgagors, and various lien holders. The notice itself was certainlv no model to…