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ALLBRITTEN v. NATIONAL ACCEPTANCE CO.

Nos. 40,710, 40,711

183 Kan. 5 (1958)

325 P.2d 40

EDGAR FRANK ALLBRITTEN and RUBY ALICE ALLBRITTEN, Appellants, v. NATIONAL ACCEPTANCE COMPANY OF CHICAGO, a Delaware Corporation, Appellee. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a Corporation, Appellee, v. EDGAR FRANK ALLBRITTEN and RUBY ALICE ALLBRITTEN, his wife, et al., Appellants.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

W.C. Jones, of Olathe, argued the cause, and J. Willard Haynes, of Kansas City, was with him on the briefs for appellants.

John W. Breyfogle, Jr., of Olathe, argued the cause and was on the briefs for appellee National Acceptance Company of Chicago, and for Michael J. Friedman.

J.E. Schroeder, of Kansas City, was on the briefs for The Prudential Insurance Company of America, appellee.

The opinion of the court was delivered by

FATZER, J.:

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...

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