Gardner v. Gardner's Adm'r

Opinion op the Court by

Clay, Commissioner

Reversing.

This proceeding was brought to vacate a judgment' rendered against appellants on the ground it was void' because they had not been served with summons. Upon final submission, the lower Court dismissed the “Petition to Vacate.”

On June 10, 1942 a default judgment was obtained' against appellants by appellee Harry Gardner, administrator. Pursuant to this judgment, on August 17r 1942 the Master Commissioner offered for sale certain! land owned by appellants. At that sale an attorney appeared on their behalf and orally objected to the proceedings.…