Ward Hunt

“ We are of opinion that the judgment must be affirmed, for two reasons:
1. Mr. Carlisle, the plaintiff in the suit in which the decree is sought to be vacated, is not a party to this proceeding. In the former suit all the forms of law, at least, were complied with. The parties having interests which it was sought to foreclose were made parties, a decree was taken in the ordinary form that they be foreclosed and that the property be sold. A sale was had under which the present defendants claim title. ”

“ The judgments of courts of record would be scarcely worth obtaining if they could be thus lightly thrown aside. The absence of the plaintiff in the original suit is a fatal defect. [1]
2. We are of the opinion also that there has been too great delay in initiating this suit, and that no sufficient excuse is given for it. ”