Smith v. Higginbotham

SPEER, Justice.

This appeal involves a construction of article 2236, Rev.Civ.Statutes, which provides for a review of judgments rendered in causes where citation is had by publication.

On September 4, 1935, J. M. Higgin-botham, Jr., and J. L. Higginbotham, trustees, sued Dora Smallwood individually and as community survivor of herself and her deceased husband, C. H. Smallwood, and the unknown heirs, legatees, and de-visees, if any, of said C. H. Smallwood, deceased, on a note dated April 29, 1928, for $1,000, due three years after date, with interest and attorneys’ fees, and to foreclose a deed…