Mercantile Trust Co. v. O'Hanlon

This suit was instituted in the court below to foreclose a real estate mortgage. The mortgagors, Margaret O’Hanlon and Peter O’Hanlon, were made defendants. They waived the issuance and service of summons and entered their voluntary appearance in the cause, but having failed to answer or demur, a default was taken against them and a decree of foreclosure was rendered. Six days thereafter, and at the same term of court, the defendants filed a motion to set aside the default, assigning therefor the following reasons: (1.) Because the defendants are not in default. (2.) That they have a…