Union Gas & Oil Co. v. Kelly

Opinion op the Court by

Judge Clarke

-Reversing’.

On March 8, 1920, at the appearance term for this action, a default judgment was rendered, cancelling an oil and gas. lease which the plaintiffs had executed to A. C. Albín and which the latter had assigned to the Union G-as and Oil Company. Alhin was not summoned and on March 17, 1920, and during the same term of court the defendant, the Union Gras and Oil Company, filed a motion to set aside the judgment and to he permitted to file a tendered answer. The motion was overruled and the defendants appeal.

Counsel for appellants insist that the…