Dykes v. McClung
Dykes v. McClung
Opinion of the Court
[Mrs. Bettie McOlung filed her petition to set aside a judgment against her in favor of W. M. Dykes, based on the foreclosure of a mortgage on certain realty. Two grounds for the motion were stated:
(2.) Because the record showed on its face that the judgment against her was illegal.
The record of the foreclosure showed that J. II. McClung, the husband of the movant, made a note to J. F. Lewis & Son, with Dykes as security; that to secure the latter against loss, McClung and his wife made the mortgage to him; that he was compelled to pay the debt, and thereupon proceeded to foreclose the mortgage against the husband and wife; that service was made by the sheriff by leaving a copy at the residence of the defendants; and that no cause being shown against the foreclosure, a rule absolute was granted.
The court granted the motion and set aside the judgment as to the movant. Respondent excepted.]
Reference
- Cited By
- 4 cases
- Status
- Published