Collins v. Martin

Birdsong, Judge.

Confirmation of Foreclosure — Service of Process. Martin sold property to the Collins (father and son) who gave two promissory notes in payment with security deeds on the purchased property. The notes came into default and Martin foreclosed in September, 1980. Within thirty days, a petition for confirmation was filed and the trial judge executed a rule nisi showing he received notice within the time provided by law. The attorney for Martin personally served both Collins. Approximately ten days later and apparently because of intervening judicial pronouncements that service by…