Longview Fibre Co. v. Stokes

Alexander, A.C.J.

John Stokes appeals an order of the Cowlitz County Superior Court denying his motion to vacate a default judgment and confirming a real estate mortgage foreclosure sale. He contends that the trial court improperly authorized service of a summons on him by publication and that, as a consequence, the trial court did not acquire jurisdiction over him. We agree and reverse the trial court.

The facts are not in dispute. In November 1985, the Longview Fibre Company, as mortgagee, brought suit in Cowlitz County Superior Court to foreclose a real estate mortgage. Longview named Stokes…