Harder v. Sanders

Petitioner, O. Z. Harder, filed suit against respondents, Jim Sanders and wife, in trespass to try title, and, on June 17, 1941, judgment was entered by default against the defendants. On May 18, 1948, in the same cause, which was No. 10,481-A, the district court issued a Scire Facias to revive the judgment. This was upon motion of the petitioner. Respondents answered the motion by alleging that they had never been served with citation in the case, and had no previous knowledge of the suit, and that they had a meritorious defense thereto. The burden rested upon respondents to obtain favorable…