Anchor Savings & Loan Ass'n v. Dysart

The opinion of the court was delivered by

Parker, C. J.:

This case stems from a mortgage foreclosure action and is here on appeal from an order of the trial court refusing to vacate a default judgment rendered against the defendants in the court below.

The pertinent facts, events and circumstances necessary for a proper understanding of the appellate issues involved may be stated thus:

On October 22, 1957, John and Lucile Dysart (defendants) were the owners of Lot 4, Block 28, L. C. Challiss Addition to the City of Atchison. On that date they obtained a loan from Bernard Beck, d/b/a Better Living…