United States Building & Loan Ass'n v. Soule

February 17, 1928, respondents H. W. Soule and Alice C. Soule, husband and wife, executed a $1,000 real estate mortgage to appellant. August 15, 1934, appellant filed foreclosure proceedings, summons was served August 21, 1934, on all respondents except Mrs. H. W. Soule, i. e., Alice C. Soule, whom the decree recites was served by publication. September 12, 1934, H. W. Soule filed a demurrer to the complaint, and states with regard to service thereof:

“ . . . . and this affiant says that on or about the 12th day of September, 1934, he filed his general demurrer to Plaintiff’s complaint by and…