Wynn v. Smith

FAULKNER, Justice.

Wynn appeals from an order of the Circuit Court of Marengo County denying his motion to set aside a default judgment for sale and division. We affirm.

On March 23, 1976, a Bill for Sale and Division was filed along with an affidavit for obtaining service on unknown defendants by publication. The clerk issued an order of publication of the following defendants: Heirs of Julia Simmons, deceased; Heirs of Mary Simmons, deceased; and Heirs of Carrie Simmons, deceased. Additional defendants were later added by amendment and personally served, but Wynn was served only by…