Smith v. White

*416The opinion of the court was delivered by

Hadley, J.

Respondents, as the holders of certain tax certificates, brought foreclosure suit thereon, making appellants, as owners of the land, defendants, and obtained judgment June 28, 1901. On April 25, 1902, appellants appeared specially and moved the court to vacate said judgment and purge the record thereof, on the ground that the court had no jurisdiction to enter the judgment, for the reason that no summons or notice was ever served on either of the appellants. Service of summons was attempted by publication, but the notice, as published,…