20 Ind. 210 | Ind. | 1863
Falls filed his petition in the Court below, setting up, in substance, that in 1858 one McClasen owned certain real estate described in the petition, which he mortgaged to one Jenhinson to secure the payment of certain promissory notes therein described; that in March, 1858, the appellee, Evans, being, or claiming to be, the owner of the notes and'mortgage, instituted a suit in that Comt to foreclose the same, and in October of that year obtained a judg
Demurrer to the petition sustained, and final judgment for' the defendants.
Falls, having been made a defendant to the foreclosure suit,, he should have been properly notified of its pendency, otherwise no valid judgment could be rendered against him. He being the owner of the equity of redemption, was entitled to set up some, if not all, the matters of defence that could have been set up by McClasen, and the judgment having been taken against him without process, it seems to us that he was unquestionably entitled to have it set aside as to him, and hisdefence, if he had any, heard.
The judgment below is reversed with costs, and the cause remanded.