Moor v. Parsons

Citations

• 98 Ohio St. (N.S.) 233

Syllabus

<p>Judgments — Proceedings to open — Section 11632, General Code — Service by publication — Foreclosure — Bona fide purchasers unaffected, when — Section 11633, General Code — Claim of actual residence by defendant — Real property.</p> <p>1. The right granted under the provisions of Section, 11632, Gen-</p> <p>eral Code, to a party against whom a judgment or order has been rendered without service other than by publication in a newspaper, within five years after the date of the judgment, to have it opened and be let in to defend, is limited by the provisions of Section 11633, General Code, that the title to property which is the subject of the judgment or order sought to be opened, and which, by or in consequence of the judgment or order, has passed to a purchaser in good faith, shall not be affected by proceedings under the former section.</p> <p>2. Where, in an action to foreclose a mortgage the record whereof</p> <p>shows the proceeding valid and regular in all respects, a defendant was served by publication in complete conformity with the provisions of the statute applicable thereto, and the court found said defendant duly and legally served and in default, and, after finding the amount due on the mortgage claim, ordered said premises sold, and they were sold to a purchaser in good faith, the title so obtained will not be affected by an application of said defendant under favor of Section 11632, General Code. In that proceeding he cannot as against such purchaser assert the claim that he was in fact a resident of the state and by the exercise of due diligence could have been served with summons.</p>