Merrick v. Merrick

Opinion op the Court by

Judge Richardson

Reversing.

This action was originally brought by J. R. Kevil against S. E. Merrick, Mary Merrick, and Julia Mer.•riek to recover on a note and to enforce a mortgage on real estate, “executed and delivered simultaneously with the execution of the note by the aforesaid defendants.”

No summons appears in the record. The cause was docketed for the March term of court, 1925, which convened on the 1st day of March. On the docket of the case there were entered the words “judgment by default.” On the 18th day of June, 1926, the cause was styled with other equity…