Skach v. Lydon

Defendants appeal from a denial of them petitions under section 72 of the Civil Practice Act, 1 to vacate a decree of mortgage foreclosure and sale. The following issues are presented for review:

“(1) Whether a mortgage foreclosure and sale should be vacated on a petition under Section 72 of the Civil Practice Act where the complaint was defective in that the mortgage and note upon which the suit was brought were not attached to the complaint or recited in it;(2) Whether the mortgage foreclosure and sale should be vacated on petitions under Section 72 of the Civil Practice Act where the…