Klehm v. Klehm

Plaintiff filed his suit against his wife, Wynne, and their mortgagee, to partition jointly owned real estate. Personal service was had on the wife on November 13, 1961 and on the mortgagee on November 14, 1961. Neither appeared or answered and on December 28, 1961, each was defaulted. On January 5, 1962, both defendants were notified by ordinary mail that the plaintiff would appear in court on January 10 and ask leave to amend the complaint as to the legal description of the property. Neither defendant appeared and the amendment was made. The amendment referred to property in the same…