MUT. SAVINGS AND LOAN ASSOC. v. McKenzie

Gregory, Justice:

Appellant James Glee McKenzie and respondent Eunice S. McKenzie were named as defendants in this mortgage foreclosure action commenced by plaintiff Mutual Savings and Loan Association. The appeal is from an order denying appellant’s motion to set aside a default judgment taken against him by respondent on a cross-complaint. We reverse.

On the day of their marriage appellant conveyed respondent a life estate interest in the subject property. Several days after the deed was recorded, appellant executed the mortgage plaintiff now seeks to foreclose. It erroneously stated…