Union Savings Bank & Trust Co. v. Carter

The plaintiff purported to begin its foreclosure action on the 4th day of September, 1931. It filed its petition, which was in all respects regular. It prayed an enforcement of the receivership -clause and prayed possession of the mortgaged property during the year of redemption. It caused the Clerk to comply with all the requirements of Sections 11092 and 11093 of the Code, whereby a notice of Us pendens was imparted to third parties. ■ It also placed in the hands of the sheriff for service an original notice. This notice proved to be defective in form, in that it notified the defendants to…