¶1The court,
¶2held that it was inadmissible to assail and avoid all these proceedings, which have been consummated by a conveyance, by a simple petition filed in the cause. This can only be done by an original bill.
¶3Order reversed.
1 Neb. 436
Clark v. Hotailing
Decided July 1, 1871
Nebraska Supreme Court · decided 1871-07-01
Clark held a mortgage against Hotailing, and, in 1858, filed his bill to foreclose the same. Having filed his affidavit showing such facts as are required to be shown in order to authorize a publication of notice of the pendency of suit to a non-resident defendant, he proceeded in the cause, according to the usual course in such cases, had his decree by default, a sale; a confirmation and a deed, all the proceedings being regular in point- of form.
Decided 1871-07-01