West Nebraska Land Co. v. Eslick

The petition and the verification in this case are in the ordinary form for the foreclosure of a mortgage. The usual affidavit for service by publication on account of the nonresidence of the defendants was filed. Evidently thinking it advisable to follow the amended law of 1909 relating to constructive service, which is *762somewhat ambiguous, a motion, and' affidavit' by the attorney for plaintiff was also filed, to the effect that, “At the time said mortgage was given, the defendants were residents of Elk Point, South Dakota; but that at the time said petition was .filed plaintiff and its…