Groff v. National Bank of Commerce
Groff v. National Bank of Commerce
Opinion of the Court
The only defect or irregularity in the foreclosure proceedings in question of which plaintiff complains, and on which she rests her right to maintain this action, was that no copy of the notice of foreclosure sale, under a power contained in the mortgage, was served on her as required by law. 1878 G. S. ch. 81, § 5.
The title to the mortgaged premises was in the plaintiff, a married woman, and she resided thereon with her husband and children from some time before the mortgage was given until after the sale. A copy of the notice of the foreclosure sale, ample and complete in all respects, was personally handed to and left with the husband in due season in the house in which the parties dwelt,,as before stated; and of this proof was made by affidavit, which was recorded with the sheriff’s certificate and othei-papers concerning the foreclosure. The plaintiff introduced this affidavit in evidence, from which it appeared that the party who made the service, as well as the proof of the same for record, then regarded Mr. Groff, the husband, as the person in actual possession of the premises. The plaintiff also proved by parol the fact of this service upon her husband, who was a person of suitable age and discretion, including proof of the time, the manner, and the precise place of service, and rested her case; whereupon it was dismissed by the court. The appeal is from an order denying a new trial, and the order must be affirmed. The statute before referred to directs that a copy of the notice shall be served on the person in
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.