Allbritten v. National Acceptance Co. of Chicago

The opinion of the court was delivered'by

Fatzer, J.:

Two appeals are before us arising out of proceedings upon a motion in a mortgage foreclosure action to set aside the judgment decreeing a foreclosure. In their motion appellants, Edgar Frank Allbritten and Ruby Alice Allbritten, his wife, alleged the district court was without jurisdiction to enter the judgment of foreclosure for the reason that certain nonresident defendants were not served with summons by publication in the manner prescribed by law, and that it erred in finding case No. 22134 (appeal No. 40,710) was merged into the…