Texas Title Guaranty Co. v. Mardis

This appeal involves the validity of a summons issued in a mortgage foreclosure suit brought by the Texas Title Guaranty Company against William J. Mardis and his wife, mortgagors. After judgment by default, the land covered by the mortgage was bought in by plaintiff at sheriff’s sale, and more than two years after the sale, and more than five years after the maturity of the note, defendants filed a special appearance and motion to quash the summons and to vacate the judgment and all proceedings had thereunder, on the ground that the summons was not signed by the clerk, and the seal of the…