White v. Douglas

ODEN, Justice.

T. J. White has perfected the appeal by writ of error from a judgment rendered upon his failure to appear for trial in favor of H. C. Douglas. Appellant and appellee will be respectively referred to as White and Douglas.

Douglas instituted the action against White to remove a cloud from his title to 29¼ acres of land. The common source of title to the 29¼ acre tract was James Bell who died in 1959. Douglas alleged that James Bell died testate and that he acquired the 29¼ acre tract from the sole beneficiary under his will. White alleged James Bell died intestate and claimed an…