Sicanoff v. MILLER

The Superior Court of Marion County entered a default judgment on a foreclosure of a mortgage on October 22, 1953, against Daniel C. Miller and Ann Miller, his wife, appellees to this action. Subsequently, on May 17, 1954, the property was sold at sheriff’s sale to the appellant, Bert Sicanoff. Appellant, who was a stranger to the original action, paid the sum of $42,500.00 to the Sheriff of Marion County, and that being the amount of the purchase price.

The present action was brought praying a decree, in equity and alleging lack of service of notice of summons or process, challenging the…