Ferguson v. Fields

The majority opinion as now rendered has allowed a collateral attack on a judgment of foreclosure, and this is in violation of something heretofore consistently refused. This point alone is sufficient to require the dissent; but there are other points which we wish to emphasize.

This case was submitted to this court on March 5, 1945; and in the 39-page brief of the appellants, there was this very clear statement of the issue presented:

"The only issue in this case to be presented to the court is, that there was no service upon appellants by the Sebastian Bridge District in this suit to…