Romig v. Gillett
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. ON February 2, 1895, Don A. Gillett made and delivered to John Eomig a note for seven hundred dollars, secured by a mortgage on eighty acres in Garfield County, Oklahoma. On February 6, 1895, the mortgagor sold and. conveyed the real estate to Myrtle Gillett. On March 11, 1896, the mortgagee Eomig commenced an action of foreclosure in the District Court of the county against .Don A. Gillett and Myrtle Gil-lett.
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APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. ON February 2, 1895, Don A. Gillett made and delivered to John Eomig a note for seven hundred dollars, secured by a mortgage on eighty acres in Garfield County, Oklahoma. On February 6, 1895, the mortgagor sold and. conveyed the real estate to Myrtle Gillett. On March 11, 1896, the mortgagee Eomig commenced an action of foreclosure in the District Court of the county against .Don A. Gillett and Myrtle Gil-lett. In the petition Myrtle Gillett was alleged to have some interest in the real estate, but junior and subsequent to-…
1Opinion of the Court
Me. Justice Bbewee,
after making'the foregoing .statement, delivered the opinion of the court.
The Supreme Court of Oklahoma was of opinion that the affidavit for service by publication was wholly insufficient in that it alleged the non-residence of defendants simply upon information and belief and not positively; that being so insufficient the defendant Myrtle Gillett was not brought into court, and the judgment and all subsequent proceedings were as to her absolutely void. On the other hand, it is contended by. the appellants that a separate ground for service by publication is “ where the…
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