Dykes v. McClung

Jackson, Chief Justice.

[Mrs. Bettie McOlung filed her petition to set aside a judgment against her in favor of W. M. Dykes, based on the foreclosure of a mortgage on certain realty. Two grounds for the motion were stated:

*383(1.) Because the only service of the rule nisi to foreclose the mortgage was by leaving a copy at the residence of the defendant, as appeared from the entry of the sheriff.

(2.) Because the record showed on its face that the judgment against her was illegal.

The record of the foreclosure showed that J. II. McClung, the husband of the movant, made a note to J. F. Lewis & Son,…