Cone v. Ballard

This action in foreclosure of a real estate mortgage was instituted about two months before the running of the applicable statute of limitations. The defendants were residents of the county in which the mortgaged property was located and in which the action was brought. Upon a showing of inability to find the defendants within the state the court entered an order for service by publication. After the period fixed by the statute of limitations had elapsed the defendants appeared and moved to quash the service. The motion was denied and after trial a decree in foreclosure resulted. The appeal…