Smith v. United Gas Pipe Line Co.

This controversy, as now before us, is a so-called new trial proceeding under Rule of Civil Procedure 329, by petitioners, Mr. and Mrs. Smith, who were defendants cited by publication and not personally appearing in the original proceeding. The latter was a suit by United Gas Pipe Line Company, respondent here, for partition of two tracts of twenty acres and one acre respectively and the minerals under both; the defendants being the six other co-owners, among whom petitioner, Mrs. Smith, held much the largest interest, which, however, was not greatly in excess of that held by the plaintiff…