.These eases were heard together on trial and appeal.
In 1923 Hоey and wife executed a real estate mortgage to Alpena National Bank. The mortgage was foreclosed in chancery in Alcona county, by decree entered October 14, 1927, after default of defendant and on order pro confesso, аnd the bank became the purchaser at the foreclosure sale. By conveyance, its title now rests in plaintiffs Smith, Tabеr and Wellington, trustees. March 25, 1935, Hoey and wife conveyed to Helen L. Closser, trustee, for a named’ consideration of $10.
Fеbruary 11, 1936, plaintiffs .filed bill to quiet their title as against the Closser deed. July 30,1936, Hoey and wife filed petition in the original foreclosure suit to set aside the decree for lack of service of summons on Ella Hoey and on the claim of settlement and dischаrge of the mortgage debt in 1924.
*310 Plaintiffs liad order sustaining the foreclosure decree and decree quieting their title.
The foreclosure decree was entered by Hon. Glenn C. Gillespie, circuit judge of Oakland county. The circuit judge of Alcona сounty was Hon. Albert Widths. 3 Comp. Laws 1929, § 13766, authorizing the presiding circuit judge of the State to designate a circuit judge to sit in another cirсuit than his own, provides:
“Such designation shall be made by a certificate to be signed by said presiding circuit judge and said certifiсate shall be filed in the office of the county clerk of the county or counties constituting such judicial circuit.”
No such сertificate of designation of Judge Gillespie was on file at the time the foreclosure decree was entered.
Defendants contend the failure to file the proper certificate of designation of Judge Gillespie was fatal to jurisdiction to enter the foreclosure decree. The claim was presented in circuit court and the court оrdered certified copy of the certificate of the presiding circuit judge, dated September 20, 1927, to be filed nunc pro time as of October 11, 1927.
The Constitution of 1908, art, 7, § 8, provides:
“Eaсh circuit judge shall hold court in the county or counties within the circuit in which he is elected, and in other circuits as may be provided by law. ’ ’
The statutes provide that the judge of a circuit-may hold court in another circuit, on designation of the governоr, (3 Comp. Laws 1929, §13676); or of the presiding circuit judge (3 Comp. Laws 1929, §§ 13763, 13766); and that “judges of circuit courts may hold court for each other (3 Comp. Laws 1929, §13949).”
*311
In
People
v.
Phelps,
Defendants also claim that Mrs. Iloey was not served with chancery summons in the foreclosure suit and they challenge the jurisdiction to enter decree therein.
The foreclosure files contain returns of personal service on Ella Hoey on July 27, 1927, and on William T. Hoey on August 8, 1927, at the city of Detroit in Wayne county, by George Pearce, deputy sheriff. Plaintiff’s attоrney had.sent the summons to the sheriff of Wayne county with instructions to make service and naming the Hoey address as 115 Massachusеtts avenue, which is in Highland Park in Wayne county instead of Detroit. Highland Park is completely surrounded by Detroit. Service in the county is suffiсient and the recital in the return of the city of Detroit is surplusage.
Pearce, having served thousands of legal papers, could not remember this particular service. With *312 out explanation, it would have been suspicious if he had claimed remembrance of a service nine years before. He testified to his practice in serving papers and the only custom he mentioned which might cast-uncertainty on his return was that when he went to .an instructed address to make service he askеd for the person to be served and made service on the person who claimed to be the right party without further identifiсation. Defendants’ testimony did not disclose any woman at the Hoey home who could have been served in mistake for Mrs. Hoey.
Mrs. Hoey testified that she was iiot' at home on July 27th; that she had gone to Alpena to attend the funeral of her father whо died July 11th; that she remained with her sister about two weeks and with her brother nine or ten days in Alpena. She is corroborated, but with some uncertainty, as to the time of her stay in Alpena by her sister and brother. No documentary evidence was presented nоr witnesses produced other than relatives.
The security of judicial proceedings demands that the showing to impeaсh an officer’s, return of service of process shall be clear and convincing,
Garey
v.
Morley Brothers,
Defendants ’ testimony, of itself, is not convincing. And circumstances impeach it. Mrs. Hoey sаid she knew nothing of the foreclosure until a few months before the hearing of these proceedings and in 1936. The returns show serviсe on her and her husband a few days apart. Personal service on the husband is not denied. When he was served, it is hardly crediblе that he would not have inquired of his wife whether and when she had been served, especially because some $13,000 were involved and he claims *313 the debt had been settled and the proceedings were unjust.
Moreover, a mere recollection of family visits of nine years before without convincing corroboration would be a dangerous standard of proof sufficient to impeach an official return. Judicial proсeedings would have little stability if the showing at bar were enough to impeach the return.
We hold that defendants have not produced requisite proof to impeach the return and the decrees are affirmed, with costs.