Holmes v. Polk City Savings Bank

278 N.W.2d 32 (1979)

Richard Leroy HOLMES and Betty J. Holmes, Appellants,

v.

POLK CITY SAVINGS BANK, Appellee.

No. 62186.

Supreme Court of Iowa.

April 25, 1979.

Dennis Lee Ruben, of Scalise, Scism, Gentry, Brick & Brick, Des Moines, for appellants.

H. L. Harrison, of Beving, Swanson & Forrest, Des Moines, for appellee.

Considered en banc.

HARRIS, Justice.

An action to foreclose a real estate mortgage resulted in a default judgment against the mortgagors. More than a year later this action was brought, on the assertion that the original notice in the foreclosure action was fatally defective. Finding…