Barnes v. Frost National Bank

OPINION

GARCIA, Justice.

This is an appeal by writ of error from a default judgment. Appellants contend the trial court erred because it lacked jurisdiction to enter the default judgment. The trial court did not have in personam jurisdiction. We reverse the judgment and remand.

On March 29, 1985, appellants, Richard Barnes and Lyda Barnes, non-residents of Texas, executed and delivered to North Frost Bank, appellee, a promissory note in the amount of $66,150.00, along with deed of trust securing the note. Based on a default of the note, appellee initiated foreclosure proceedings, with a…