21 Or. 27 | Or. | 1891
This is a suit to foreclose a mortgage alleged to have been executed by J. P. Miller, deceased, in his lifetime, and his wife, Ida Miller, to the plaintiff. In this suit there are two appeals, in each of which there is presented a question for our consideration and determination. These will be examined in the order stated, namely, that of the defendant C. A. Barrett, as administrator, first, which presents the question as to the sufficiency of his denials of the facts alleged in the complaint. As to such facts he denies “ any knowledge or information sufficient to form a belief,” which the trial court, treating as insufficient, rendered a
We now come to the other appellant!, upon whom service was attempted to be had by publication, which is the ground
It results, then, that the court did not acquire jurisdiction of the appellants, and that its judgment or decree as against them is void.