Harris v. Sparks

Opinion op the Court by

Judge McCandless

Affirming.

This is a suit to vacate a judgment rendered on the 28th day of March, 1916, adjudging the heirs of D. S. Harris ownership and quiet enjoyment of certain lands claimed by this plaintiff on the ground that the plaintiff in the first suit died before trial, and the action was not revived against defendant therein (plaintiff herein) either by summons, notice or consent and that therefore the judgment is “void.” The former suit was styled “D. S. Harris Heirs v. Diana Sparks,” and this action being “Diana Sparks v. Charles H. Harris and Fannie…