Allbritten v. National Acceptance Co‪.‬

The opinion of the court was delivered by Two appeals are before us arising out of proceedings upon a
motion in a mortgage foreclosure action to set aside the judgment
decreeing a foreclosure. In their motion appellants, Edgar Frank
Allbritten and Ruby Alice Allbritten, his wife, alleged the
district court was without jurisdiction to enter the judgment of
foreclosure for the reason that certain nonresident defendants
were not served with summons by publication in the manner
prescribed by law, and that it erred in finding case No. 22134
(appeal No. 40,710) was merged into the judgment rendered in case
No. 22703 (appeal No. 40,711). The motion was overruled and the
Allbrittens have appealed. The facts in these appeals are not in dispute.