Herod

This is an appeal from an order denying a motion to vacate a judgment foreclosing a certificate of purchase.

The record shows that on or about January 11, 1887, James Herod became the holder of a certificate of purchase for section 16, township 28 south, range 29 east, .M. D. B. & M. No payments were made as required, and on the twenty-third day of July, 1890, a complaint in foreclosure of the certificate of purchase was filed. On December 1, 1890, a decree of foreclosure was granted in said cause in favor of the plaintiff. On January 30, 1928, a little over thirty years after The judgment was entered, the appellant served a notice of motion to set aside the judgment on two grounds —First: That no service of summons, either personally or by publication, was ever made or had upon the defendant; and second: That no, legal service of summons, either personally or by publication, was ever, made or had upon the defendant.

The judgment-roll shows a complaint, the issuance of summons, order for publication of summons, and judgment by default, followed by decree of foreclosure. The judg- • ment or decree of foreclosure recites that the defendant had been regularly served with process,…