Foust v. Jones

On Rehearing.

Appellant alleged two causes of action ; one in trespass to try title to recover the land, and the other in the alternative for partition of the land. In a trespass to try title suit in this state, the issues tendered by the plaintiff’s pleading are joined by a plea of not guilty. In the absence of such plea no proof is required on the part of plaintiff to establish the allegations of his petition. The judgment of the court recited that the following defendants “having been duly cited failed to appear and answer herein but wholly made default,” namely, Laura Jones, J. R. Stevens,…