Hendron v. Sarkey

The parties occupy the same position here that they did in the trial court, and they will be referred to herein as plaintiff and defendant.

This cause was brought for the purpose of foreclosing a real estate mortgage given to secure a loan and the note incident thereto. The petition was filed August 12, 1931. On the same date praecipe for summons was filed, and on that date also summons was issued as directed in the praecipe to sheriff, of Pontotoc county to be served on defendant. This summons was returned unserved. The record discloses that praecipes were filed and alias summons was issued…