Emery v. Downing

The Chancellor.

An ordinary foreclosure bill was filed by the complainant in this cause on the 21st of March, 1860. A subpoena was issued returnable on the 2d of April. The defendants being nonresidents, the usual order for publication was made requiring the defendants to appear and plead, answer or demur, to the complainant’s bill, on or befdre the fourth day of June. On the 5th of June, no plea, answer, or demurrer having been filed, and due proof of publication having been made, the complainant obtained a decree pro confesso against all the defendants and an order of reference to a master.…