Hibernia Savings & Loan Society v. Portener

CHIPMAN, C.

Foreclosure of mortgage. Plaintiff had judgment, from which and from the order denying her motion for a new trial defendant appeals. The following are the facts in the case: Defendant executed and delivered to plaintiff her promissory note, dated December 9,1891, for ten thousand dollars, payable one year after date, and gave her mortgage to secure payment of same. On October 23, 1893, plaintiff filed its complaint asking foreclosure of said mortgage, and summons duly issued and was returned not served. Thereafter affidavit was made that defendant was concealing herself to avoid…