Occidental Life Insurance v. Niendorf

This is an action to foreclose a real estate mortgage. Complaint was filed and summons issued; personal service was had upon each of appellants. Appellants having failed to enter an appearance within the time allowed, default was regularly entered by the court and judgment of foreclosure was rendered as prayed for in complaint. Writ of execution was issued pursuant to judgment and order of sale but was never served, — the property was not sold under it and execution was withdrawn and returned by the sheriff who reported no sale made. About one month subsequent to entry of judgment motion, was…