Blondeau
Blondeau v. Snyder
Opinion
Lead Opinion
Haven, J.
Appeal from an order made May 15, 1891, striking out certain portions of a judgment rendered November 14, 1888. The defendants were personally served with summons in the action in which the judgment was rendered. The action was one for the foreclosure of a mortgage executed by one B. F. Snyder in his lifetime, and it was alleged in the complaint that Snyder in his lifetime “ conveyed the real estate specified in said mortgage to one Rosa A. Woodford, subject to said mortgage, who is now the legal owner of said real property.”
The prayer of the complaint was, that the mortgage be foreclosed and the real estate sold, “and the proceeds applied to the payment of said sums of money and costs of this action, and that the said plaintiff may .have judgment and execution against the said defendants for any deficiency,” etc. The summons followed the prayer of the complaint, and gave notice that the action was brought to obtain a decree of foreclosure of the mortgage and for a sale of the premises, and if the proceeds of the sale were insufficient, to obtain a judgment against the defendant Snyder "and Rosa A. Woodford for the balance remaining due,” etc., and that upon their default the…