Sizemore v. Hunter

Opinion op the Court by

Judge Clarke

Dismissing the appeal.

The judgment appealed from herein was rendered April 1, 1921, and cancels a deed executed to appellant, Dessie May Sizemore. She was the only defendant to the action, and a nonresident. She was summoned by constructive service only, and did not defend or enter her appearance, hence the allegations, of the petition could not be taken as true, but had to be proved. Section 126 of the Civil Code.

The evidence to sustain the alleged ground for cancellation was taken by deposition and not by interrogatories, as is provided-must be done in…