Schulte v. Walthour

Carleton Harris, Chief Justice.

Melvin Holmes was the contractor in the construction of three houses on properties owned by his wife, Reba Holmes. J. D. Walthour, trustee, appellee herein,1 held four mortgages on these properties. The Holmeses were financially unable to finish with the construction, and closed down the jobs in October, 1963. Thereafter, the following events occurred :

Walthour filed suit to foreclose his mortgages on October 17, 1963, and summons was served on Mr. and Mrs. Holmes on October 22, 1963, in Faulkner County, their residence. In his suit Walthour not only sought to…