Fuqua

A. Brigham Rose and Zelletta M. Rose, husband and wife, appeal from a default judgment against them in the sum of $38,330.42. Their default was taken after their failure to plead to process duly served upon them. Their motion to vacate the default was heard upon affidavits and was denied without prejudice on February 11,1959; February 17th, upon evidence taken, judgment was given in favor of plaintiffs as above stated. February 19th, defendants Rose gave another notice of motion to vacate the default and filed additional affidavits. Apparently they were unaware of the fact that judgment had already been entered against them. The second motion also was denied.

The complaint alleged that Mr. and Mrs. Rose and four fictitiously named defendants agreed to pay Mary Allen Fuqua certain sums of money and thereafter $200 per month as long as she should live, with the provision that if defendants should at any time be in arrears for 30 days in making any monthly payment, at the option of plaintiffs or their attorney, $54,-799.20 less the sums of all monthly payments that had been made, would become immediately due and payable. It was alleged that defendants had paid $22,133.54 of which…