Townsend v. Kupa

OPINION OF THE COURT BY

TOWSE, C. J.

This is an appeal from an order of the chancellor vacating prior orders cancelling an agreement of sale between appellant and the appellees, who are husband and wife, and setting aside an order taking a hill pro confesso against them.

The sole issue for determination is one of fact, whether the chancellor erred in finding upon issue joined on the motion to vacate the order cancelling the agreement of sale and to set aside the order taking the hill pro confesso, that the deputy sheriff, whose return certifies service upon both appellees, did not in fact so…