Kintigh v. Elliott

The sole issue in this cause is the sufficiency of an affidavit in support of a motion for service of summons on defendant by publication. 1

In June, 1975, plaintiffs and defendant executed a conditional land sale contract wherein plaintiffs agreed to sell defendant certain real property for $50,825, payable in monthly installments. Defendant paid $11,000 down, made some monthly payments, and apparently funded a few improvements. After the defendant failed to make three payments in 1976 and pay the taxes for 1975-76, plaintiffs filed a suit for foreclosure of the contract in May, 1976, and…