Phoenix Joint Stock Land Bank v. Eells

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a ruling on a motion to set aside a judgment.

The pertinent facts were these: Early in 1936 an action had been filed in the district court of Linn county to foreclose a real estate mortgage on a tract of Linn county land. Plaintiff was the Phoenix Joint Stock Land Bank and Charles B. Eells was defendant. On April 27, 1936, personal service of summons was made on defendant in Linn county, Kansas. He' made no appearance and filed no pleading. Judgment by default was entered for plaintiff on July 28, 1936.

*531On October 26,…