Randall v. L. B. Redd & Bros.

Opinion by

Judge Holt:

The judgment for the enforcement of the contractor’s lien was rendered in this action on February 27, 1874, after proper and actual service of process. The sale was made on May 11, 1874, 'and reported to the court on May 15 following. The appellants never appeared until May 22, 1874, when upon their motion further time was given them to file exceptions to the report of sale; and on May 29, 1874, they did so, and also moved the court to set *1027aside not only the sale, but the decree under which it had been made, and dismiss the petition.

If the cause of action was defectively…