Marshall v. Mid-State Homes, Inc.

Plaintiff, Juanita Coxsom, filed an action seeking to set aside a mortgage held by Mid-State Homes, Inc. Plaintiff attempted to obtain service on Mid-State by registered mail. The summons and the complaint were returned to the clerk's office marked "unclaimed." Plaintiff then published a notice in a local newspaper and took a default judgment against Mid-State on January 30, 1974. In January of 1977 Mid-State filed a motion seeking to set aside the default judgment. The motion was granted. Juanita Coxsom died in July 1981. The action was revived in the name of her legal heir as plaintiff and…