Mason v. Hatchett

Minor. W. Millwee, Justice.

This is a suit by appellees, Frank Hatchett and wife, Rosie Hatchett, to set aside a foreclosure decree rendered against them at a prior term of court in favor of appellant, John Mason. John Mason’s wife, Rescie, was also made a party defendant. The case was tried on appellee’s amended complaint which was based on the seventh subdivision of Ark. Stats., § 29-506, and alleged an unavoidable casualty preventing Frank Hatchett from appearing and defending the foreclosure suit due to lack of proper service of summons or other notice.

Appellees owned a home as an estate…