Fidelity Finance Co. v. Groff

Plaintiffs in the trial court, defendants in error here, to whom we hereinafter refer as the Groffs, on February 13, 1951, filed their complaint against defendant, plaintiff in error here, hereinafter referred to as the Finance Company, to cancel a note and mortgage.

The note and mortgage were executed by the Groffs and held by the Finance Company. Summons was issued the same day and endorsed thereon is a return by the sheriff showing service, also on February 13,1951. March 7,1951, summons, together with return of service, was filed with the clerk of the court, and on the same day the trial…