Hardwick v. Bassett

A bill having been filed to foreclose a mortgage, to which John K. Hathaway was made defendant as a subsequent purchaser or incumbrancer, a decree by default was entered on publication against all of the defendants as absentees. Hathaway applied under the statute to have it opened, and came in and answered. No replication was filed to his answer, and when the cause was noticed for hearing on the pleadings, he did not appear, and a decree was taken, which is now appealed from.

The first question presented is concerning the effect of a decree taken by default at the hearing.

Our rule is the same…