Curry v. Delana

John C. DeLana, plaintiff below and hereinafter called plaintiff, sued Mrs. Sierra N. Curry, defendant below and hereinafter called defendant, upon, a promissory note and to foreclose a real estate mortgage given to secure the same. Issues were joined and judgment rendered for the plaintiff on the 14th day of April, 1925.

In November, 1925, the defendant filed a petition to vacate and set aside the judgment. In her petition to set aside the judgment she charged that in the original case she appeared for the trial, and that she was advised, by her attorney that the case could not be reached and…