State Reserve Bank v. Daniels

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this action involves the ruling of the trial court in sustaining the motion of the defendants in a foreclosure action to set aside the judgment, the order of sale and the confirmation thereof under R. S. 60-3009 because the judgment was void.

*695The judgment was rendered on August 20, 1932, and the motion to set the same aside as void was filed July 20, 1934. The note and mortgage involved had been executed by a husband and wife in the usual manner. The husband died and left surviving him his wife and one daughter, Charlotte,…