Foreclosure of Mortgage—Publication of Summons—Vom Judgment for Deficiency.—A personal judgment for the deficiency rendered in an action to foreclose a mortgage against defendants who reside out of the state, and upon whom service of the summons has been made by publication, is void, and no valid sale can be made under an execution issued thereon.

Id.—Presumption as to Jurisdictional Facts.—The presumption which the law implies in support of the judgments of courts of general jurisdiction only arises where the record is silent, and cannot apply where it is not silent.

Id.—Proof of Service of Summons—Recital in Judgment—Inspection of Judgment-roll.—A recital in the judgment as to due service of the summons may apply as well to service by publication as to personal service, and must be presumed to refer to such service as the record affirmatively discloses; and where an inspection of the judgment-roll shows that the summons was served upon nonresidents of the state by publication, a personal judgment against them appears to be void upon its face.

Id.—Pledge to Mortgagee—Void Sale—Rights of Pledgor.—A sale under execution upon the void judgment for deficiency, of bonds held by the mortgagee by way of pledge, as collateral security for the mortgage debt, can confer no title; and upon purchase thereof by the mortgagee, the pledgor may tender to him the residue of the mortgage debt, and demand a return of the bonds.

Id.—Tender—Amount of Deficiency Judgment—Waiver of Objection —Extinction of Lien.—The tender by the pledgor to the pledgee of the amount of the deficiency judgment, with legal interest from its date, the mortgage having borne a greater rate, if the amount tendered was not objected to, must be deemed to have been of the full amount due, and operated to extinguish the lien of the pledge, even though the tender in fact was less than the amount due the pledgee.

Id.—Abandonment of Lien—Surrender of Pledge to Sheriff—Tender Unnecessary.—The lien of the pledge was dependent upon possession by the pledgee; and when he surrendered the possession of the pledged property to the sheriff that he might purchase it under execution, his lien was abandoned and lost, though the sheriff’s sale was void. 1-Iis subsequent possession must be deemed to have been acquired under the sheriff's sale, and to be unlawful, and he cannot be allowed to fall back upon his original claim of lien. That lien having been lost, no tender was necessary.

Claim and "Delivery—Pledged Property—Demand — Admission of Pleadings—Claim of Ownership.—The sufficiency of an alleged demand by a pledgee for the return of pledged property, before instituting an action of claim and delivery therefor, is not in question, when admitted by failure to deny it; and if the defendant claims ownership thereof in his answer, no demand was necessary.

Id.—Statute of Limitations.—An action of claim and delivery brought within three years after a claim of title to the pledged property was made by the pledgee, and after a tender and demand for its return, is not barred by the statute of limitations.