Swan v. McGowan

I. This is a proceeding by petition under Section 12787 of the Code to modify or vacate a decree and judgment entered on the petition of plaintiff to foreclose a mortgage on real estate. A somewhat extended recital of the record entries is essential to a proper discussion and understanding of the questions presented for review.

On or about May 19, 1928, Kate O. Swan and others commenced this action in the district court of Cerro Gordo County to foreclose a mortgage of $18,000, with interest, on the SW^4 of Section 15-95-22. On May 10, 1928, an original notice was served upon all defendants,…