In Re V-I-D Inc. Book Reviews

In Re V-I-D Inc. by Seventh Circuit Circuit Court of Appeals Book Summary

On August 7, 1934 a complaint to foreclose special assessments on a certain piece of real estate located in Gary, Lake County, Indiana, was filed in the Superior Court of that county by the U.S.A. Company, the owner of the assessments. The defendants included a person by the name of Don Hoover, and Hoover, his wife, and the Home Bank & Trust Company and Lawrence H. Prybylski, as trustees under a certain mortgage. Summons was issued to the Sheriff for service upon the defendant, Don Hoover, giving his address as 2212 West Twelfth Avenue, gary, Indiana. This same address was endorsed in the complaint. There was a Don Hoover living at the address given in the summons and endorsed in the complaint, and service was had upon him at that address. He was not, however, the Don Hoover who was the fee-simple owner of the real estate in question, but was another man of the same name. In fact, the Don Hoover served had no interest in such real estate and never asserted any interest therein. The Don Hoover who owned such real estate was a resident of Jasper County, Indiana, and never received any notice of the foreclosure proceedings, and the other Hoover ignored the summons. As a result thereof, the mistake in service was not discovered until long after judgment had been rendered.

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