Brown v. St. Mary's Temple No. 5 S. M. T. United Bros. of Friendship of Texas

BOND, Chief Justice.

This appeal is from a judgment entered by default, and the paramount question involved is the failure of the trial court to set aside the judgment on defendant’s (plaintiff in error) motion for a new trial, presenting grounds of equity in defendant’s failure to appear at the trial, and meritorious defense to plaintiff’s (defendant in error) cause of action.

Plaintiff filed suit on June 10, 1937, in the nature of trespass to try title, seeking to recover the land and premises described as follows: “Situated lying and being in the City of Dallas, Texas, in Block 271/M…