Smith v. First National Bank

The First National Bank of Wayeross levied an execution issuing upon a judgment of foreclosure of a mortgage on land, and a claim was interposed by the wife of the defendant in fi. fa. Upon her death her executor was made a party in her stead. The court directed a verdict for the plaintiff. The claimant made a motion for new trial, which was overruled.

The claimant insists that the judgment of foreclosure is void. The record of that proceeding shows, that, on the first day of the May, 1911, term of the superior court of Ware county, the bank filed a petition ■ alleging that W. J. Smith…