Shellabarger v. Sexsmith

Citations

• 80 Kan. 530
• 103 P. 992
• 1909 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jurisdiction — Judgment by Default — New Party — Notice of Proceeding. In a mortgage-foreclosure suit judgment was taken by default against the mortgagor, who was served personally. At the same time it appeared that a person claiming an interest in the land had been omitted, and an order was included in the foreclosure decree allowing him to be made a party. The petition was amended and he was duly served. He answered setting up a second mortgage given by the defaulting defendant, and prayed a personal judgment against him, which in due time was entered without further notice or appearance. Held, the defendant in default was bound to take notice of the proceedings and the judgment against him is not void.</p>