Kirby v. Agra Gin Company

HALLEY, Justice.

On the 25th of March, 1944, the Agra Gin Company, Inc., filed suit against Mary K. Kirby, Ellis Kirby and the unknown heirs, executors, administrators and assigns, both immediate and remote of L. E. Kirby, deceased, to have the title to an interest in land conveyed to plaintiffs. Parties will be referred to as in the trial court. The plaintiff sought to obtain service on the defendants by publication. An affidavit to obtain service by publication was filed which affidavit was signed by the attorney for the plaintiff but was never sworn to by this lawyer, although there was a…