Marsh v. Votaw

The opinion of the court was delivered by

Porter, J:

This is an appeal by the defendants from an order denying their motion to vacate an order of confirmation and to set aside the sheriff’s sale and to amend the original decree in a foreclosure suit.

The defendants, E. J. Votaw and wife, were the owners of the land in controversy, and held the fee-simple title subject to a first mortgage of $1,200, and the mortgage to the plaintiff amounting to $3,700. The plaintiff commenced foreclosure on the 16th of April, 1913, and obtained service of summons on the defendants at their residence. They made…