Howard v. Drinkard

SIMPSON, Justice.

The appellant filed this bill, in Equity, to vacate and annul a judgment by default entered against him in a law action on January 2, 1952, on the ground that he was never served with process in said suit. The bill, also, asked that the mortgage note, which formed the basis of the law action, be declared void. The testimony was taken orally before the court and the court decreed that the complainant had been duly served with process. Relief was, therefore, denied and the bill dismissed.

The law governing is well recognized. A strong presumption is indulged in favor of the…