Dyer v. Marriott

The opinion of the court was delivered by

West, J.:

The plaintiff sued to foreclose a mortgage on the land in controversy and recovered judgment, personal service having been made upon the mortgagor and publication service upon the present defendant, who thereafter procured the judgment to be opened up and answered that she was the owner of the title *516in fee simple, denying that the mortgagor had any interest in the land except that given by a tax deed which she alleged was void, and prayed that the tax deed be set aside and that all parties claiming thereunder be barred and enjoined from…