Manuel v. Federal Commercial & Savings Bank

Plaintiff gave defendant bank a real estate mortgage. The bank foreclosed the mortgage by advertisement, purchased at the sale and received a sheriff’s deed operative February 28, 1928, commenced summary proceedings before a circuit court commissioner March 26, 1928, to obtain possession under its purchase, plaintiff was served with summons, appeared and pleaded not guilty, the bank made proof of the foreclosure proceedings, the commissioner entered judgment in favor of the bank on April 5, 1923, no appeal was taken and writ of restitution was issued and the bank put in possession. August 24,…