Oakland State Bank v. Bolin

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by two of six children and heirs of mortgagors, now deceased, in a mortgage foreclosure action in which they, as defendants, were served only by publication in a newspaper, and whose application to open up and set aside the judgment rendered against them was denied. The trial court heard evidence on the question of these defendants not having actual notice of the pendency of the action in time to appear in court and make a defense, and also heard and sustained the demurrer of plaintiff to the sufficiency of the…