Jones v. American Inv. Co.

TEEHEE, C.

In the court below plaintiffs in error, pursuant to section 256, C. O. S. 1921, moved to vacate a judgment rendered against them upon a summons served by publication. The judgment was in recovery on a promissory note for $100 executed by movants and the foreclosure of a real estate mortgage by them given in security thereof. The foreclosure action 'was by defendant in error as the original payee and mortgagee. Upon hearing, the motion was denied. Our further reference to the parties will be according to their relative trial positions.

Plaintiff’s petition alleged that the note and…