Dodson

Foreclosure. Plaintiff remarks in its brief: "The case is indeed a peculiar one, and none just like it is found in the books.” The statement is probably correct. The undisputed facts are that plaintiff brought the action in due time to foreclose a mortgage given by defendants. Summons duly issued April 17, 1896, and was served and returned on April 18, 1896, the return being signed “H. C. Stanton, Sheriff, by C. H. Merrill, Deputy Sheriff.” An indorsement made thereon by the clerk shows the service to have been regularly made upon the defendants, and that, the time for answer having expired, their default was duly entered. On May 13, 1896, the court entered its decree containing the usual recitals and showing, among other facts, that summons was served upon defendants, and that “the time to appear and demur or answer the complaint having expired, and no appearance having been made by either of the said defendants, .... the default of said defendants .... was duly given 'and made and regularly entered.” The decree then recites that the cause came on to be heard, and evidence, both oral and documentary, was introduced, from which it appeared that all the allegations of the complaint…