Farris v. Ball

Opinion of the Court by

Chief Justice Clay

Reversing.

The appeal is from an order overruling a motion to set aside a default judgment made during the term at which it was rendered.

Claiming to he the owner of a $1,575 note which James D. Farris had executed and delivered to Lee Johnson, and which was -secured by a lien on certain real estate, Smith Ball brought suit against Farris and Johnson to recover the balance due on the note and enforce the vendor’s lien. The case stood for trial on May 8, 1933, and on that day a default judgment was taken. On May 19, 1933, and during the same term, Farris…