State ex rel. Com'rs of Land Office v. Jones

The parties to this appeal occupy the same relative position as in the trial court and will be referred to as plaintiff and defendant, respectively.

The plaintiff, holder as payee and mortgagee of note and mortgage covering farm lands given to secure the note, both executed by defendants Mabel M. Jones and William D. Jones, her husband, recovered against them personal judgment on the note and judgment for foreclosure of the mortgage. The trial court, on application of defendant filed after term, vacated the judgment, and it is from the order of vacation that plaintiff prosecutes this appeal.

The…